Madras High CourtWP(MD)/16755/2021disposed of

Jeyasimmon.R v. The District Collector

2021-09-20Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY R.Jeyasimmon ... Petitioner Vs.

1.The District Collector, District Collector Office, 2.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul, 3.The Tahsildar, Tahsildar Office, Athur Taluk Office, ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents No.1 to 3 to rectify the mistakes with regard to the measurements of agricultural land property in Patta No.736 by considering the petitioner's representations dated 22.06.2017, 17.06.2021 and 02.09.2021.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.P.Subbaraj Counsel for State

O R D E R

The petitioner seeks rectification of the patta by reflecting the extent of land as 40 Cents instead of 39.4 Cents.

2. The petitioner states that he purchased the property bearing Survey No.136/5, Vakkampatti Village, Athur Taluk, Dindigul District under a registered sale deed dated 30.12.1992. It is stated that a patta was granted to the petitioner on 25.08.2010 for an extent of 50 Cents instead of 40 Cents. Therefore, the petitioner requested for a rectification of the patta. Upon such request, patta was issued under Patta No.736 for an extent of 39.4 Cents instead of 40 Cents. The present Writ Petition is filed to rectify the perceived anomaly.

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3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the third respondent may be directed to consider the petitioner's representations on merits and in accordance with law.

4. When a request for patta is made, the applicant should enclose relevant title and revenue records. In the case at hand, in view of the perceived discrepancy in the extent of land, the petitioner should produce the patta in the name of the predecessor in interest of the petitioner apart from the patta issued to the petitioner. In addition, the petitioner should produce the relevant title documents.

5. Accordingly, the petitioner is permitted to submit the patta in the name of his vendor and any other relevant documents to the third respondent within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt thereof, the third respondent is directed to consider the petitioner's representation and dispose of the same by a reasoned order within a period of three

(3) months from the date of receipt of such additional documents. Before passing orders, the petitioner shall be provided a reasonable opportunity.

6. W.P.(MD).No.16755 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/nsr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, District Collector Office, 2/3

2.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul, 3.The Tahsildar, Tahsildar Office, Athur Taluk Office, +1 CC to M/s.SPL. GP ( SR-29754[F] dated 21/09/2021 ) 20.09.2021 NSN(CO) KB(27.09.2021) 3P 5C 3/3