P.Shanmugavelu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.P.Shanmugavelu 2.P.S.S.Navien ... Petitioners Vs.
1.The District Collector, Karur, Karur District.
2.The District Revenue Officer, Karur, Karur District.
3.The Tahsildar, Manmangalam, Manmangalam Taluk, Karur District.
4.The Taluk Surveyor, Manmangalam, Manmangalam Taluk, Karur District.
... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to rectify the mistakes in respect of extent instead of 2.41 acres as 2.45 acres in Survey No.2011 and 2012 of Aandangkovil (East) Village,
Manmangalam Taluk, Karur District. Consequently, directing the respondents to make appropriate subdivisions and include the first petitioner's wife name in the patta in respect of Survey No.2011 of Aandangkovil (East) Village, Manmangalam Taluk, Karur District, as per the available records and pass appropriate orders within a stipulated period of time as fixed by this Court.
For Petitioners : Mr.R.Ezhilarasan For R1 to R4 : Mr.M.Gangatharan Government Advocate
ORDER
The petitioners herein seek a direction to the respondents to rectify the mistake in the revenue records pertains to Survey Nos.2011 and 2012, Aandangkovil (East) Village, Manmangalam Taluk, Karur District, by considering their representation dated 11.08.2022. 2.Heard the arguments of Mr.R.Ezhilarasan, learned counsel appearing for the petitioners and Mr.M.Gangatharan, learned Government Advocate appearing for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission
stage itself.
3.According to the petitioners, the total extent of land available in the above mentioned survey numbers is 2.45 acres. The said land was originally owned by the first petitioner's father-in-law, Periyasamy. He retained 14 cents and sold the remaining portion of the land. Subsequently, he settled 10 cents of land in favour of the first petitioner's wife, Sathyabama on 05.03.2012. The said property was sold by her in favour of one Senthilprasad. Thereafter, the first petitioner's father-in-law executed a Will in respect of four cents of land retained by him in favour of the first petitioner's wife on 01.09.2021. The first petitioner's father in law died on 07.01.2022. Subsequently, the first petitioner's wife died on 11.02.2022 leaving behind the petitioners as her legal heirs.
Since the total extent of the property in respect of the above said survey numbers wrongly mentioned as 2.41 acres instead of 2.45 acres, there is a difficulty in getting patta for the four cents owned by the petitioners. Therefore, the petitioners submitted a representation on 25.07.2022 before the third respondent and the same has not been considered. Hence, the petitioners have come before this Court.
4.The learned Additional Government Pleader appearing for the respondents would submit that the subject property is natham land. Therefore, the competent authority to consider the representation of the petitioners is the District Revenue Officer.
5.In view of the same, without expressing any opinion on the merits of the matter, the third respondent is directed to forward the representation of the petitioners to the second respondent within a period of two weeks from the date of receipt of copy of this order. The second respondent shall consider the representation and pass final orders on its own merits, within a further period of twelve weeks, after issuing notice to the petitioners and other interested parties. Accordingly, this Writ Petition is allowed. No costs.
30.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp
To 1.The District Collector, Karur, Karur District.
2.The District Revenue Officer, Karur, Karur District.
3.The Tahsildar, Manmangalam, Manmangalam Taluk, Karur District.
4.The Taluk Surveyor, Manmangalam, Manmangalam Taluk, Karur District.
S.SOUNTHAR ,J cp W.P.(MD)No.17578 of 2025 Dated: 30.06.2025