Madras High CourtWP(MD)/21628/2016disposed of

S.Udaiyachi, v. The District Collector

2016-11-10Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2016

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P(MD).No.21628 of 2016 S.Udaiyachi ...

Petitioner Vs 1.The District Collector District Collector Office Campus, Sivagangai.

2.The Tahsildar, Devakottai Taluk Office, 3.The Sub Collector, Sub Collector Office, 4.The Commissioner, Devakottai Municipality, ... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 19.07.2016 for deleting the wrong entries made regarding the extent of petitioner's property in the patta in respect of Town Survey Ward A, Block No.18, T.S.No.5, Plot No.8, State Bank Colony, Devakottai Town, Sivagangai District and directing the second respondent to issue fresh patta in favour of the petitioner with original extent as per the petitioner's sale deed dated 19.09.2001 within a stipulated time.

For petitioner : Mr.M.Saravana Kumar For Respondents : Mr.N.S.Karthikeyan AGP

ORDER

The writ petition has been filed for a direction, directing the respondents to consider the petitioner's representation dated 19.07.2016 with regard to correction of wrong entries made in the patta in respect of Town Survey Ward A, Block

No.18, T.S.No.5, Plot No.8, State Bank Colony, Devakottai Town, Sivagangai District and directing the second respondent to issue fresh patta in favour of the petitioner with original extent as per the petitioner's sale deed dated 19.09.2001. 2.

According to the petitioner, he purchased a house site to an extent of 5461.60 sq. ft, situate in Town Survey Ward A, Block No.18, T.S.No.5, Plot No.8, State Bank Colony, Devakottai Town, Sivagangai District, through a registered sale deed dated 19.09.2001. Subsequently, he filed an application for issuance of patta. At the time of transferring patta, the Zonal Deputy Tahsildar has wrongly mentioned the extent of property as '0.0395.0 sq.ft' and issued patta in favour of the petitioner. In the said circumstances, on 19.07.2016, the petitioner made a representation to the respondents to issue fresh pata in his favour. Sofar, no order has been passed. Hence, the present writ petition has been filed.

3. Heard the learned Additional Government Pleader appearing for the respondents, who would submit that the petitioner's representation will be considered within a time frame to be fixed by this Court.

4.In the above circumstances, the second respondent/Tahsildar, Devakottai Taluk Office, Devakottai is directed to consider the petitioner's representation, dated 19.07.2016 and conduct an enquiry and pass orders, based on the petitioner's sale deed, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1.The District Collector District Collector Office Campus, Sivagangai.

2.The Tahsildar, Devakottai Taluk Office,

3.The Sub Collector, Sub Collector Office, 4.The Commissioner, Devakottai Municipality, +1cc to M/s.M.Saravanakumar, Advocate Sr.No.67499 +1cc to special Government Pleader SR.No.67939 vs sm:gsv-pm:SAR 2:14/12/2016:3P/7C W.P(MD).No.21628 of 2016 10.11.2016