Suriya Narayanan.S.P v. The Joint Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY S.P.Suriya Narayanan. ... Petitioner Vs.
1. The Joint Director, Commissionerate for Land Reform, Chepauk, Chennai-600 005.
2. The District Collector/ Office of Boomidhana Board, Madurai District, Madurai.
3. The Revenue Divisional Officer, Narasingam,Y.Othakadai, Madurai.
4. The Tahsildar, Madurai South Taluk, District Collector's Office Complex, Madurai.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to delete the entry in Patta No.4955 and restore the same in petitioner's favour in Patta No.4542, S.No.621/2A Avaniyapuram Village, Madurai South Taluk, Madurai by considering his representation dated 01.09.2021.
For Petitioner : Mr.K.Kumaravel For Respondents : Mr.P.Subbaraj Counsel for the State
O R D E R
The petitioner seeks a direction to the first respondent to consider the representation dated 01.09.2021 for rectification of the patta by deleting the name of the Bhoomidhana Board therefrom and restoring the petitioner's name therein.
2. The petitioner states that the land bearing Survey No.621/2A was purchased by the petitioner under Document No.10407/2007 on 04.10.2007. Upon such purchase, the petitioner states that a separate patta was issued to the petitioner under Patta No.4542. Subsequently, it is stated that the name of the owner was recorded 1/3
erroneously in the 'A' Register as the Bhoomidhana Board. The petitioner also came to know that a patta was issued in the name of Bhoomidhana Board in respect of Survey No.621/2A of an extent of 19 Ares. Therefore, the petitioner made a representation on 01.09.2021 to the respondents and has filed the present writ petition on account of the alleged failure of the respondents to act thereon.
3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the first respondent may be directed to consider and dispose of the petitioner's representation on merits and in accordance with law.
4. The petitioner has enclosed a copy of the registered sale deed under which he purchased the property. The registered sale deeds in favour of the petitioner's predecessor-in-interest are also enclosed. In addition, Patta No.4542, which is said to be issued to the petitioner on 07.04.2010, is on record. On the basis of these documents, the petitioner has made out a case for the consideration of his representation.
5. Accordingly, without entering any findings on the merits of the matter, the first respondent is directed to consider the petitioner's representation dated 01.09.2021 and dispose of the same by a reasoned order within a period of four months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and the authorised representative of the Bhoomidhana Board.
6. W.P(MD).No.18170 of 2021 is disposed of on these terms without any order as to costs.
Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) Pkn To
1. The Joint Director, Commissionerate for Land Reform, Chepauk, Chennai-600 005.
2. The District Collector/ Office of Boomidhana Board, Madurai District, Madurai.
2/3
3. The Revenue Divisional Officer, Narasingam,Y.Othakadai, Madurai.
4. The Tahsildar, Madurai South Taluk, District Collector's Office Complex, Madurai.
+1 CC to M/s.K.KUMARAVEL, Advocate ( SR-31697[F] dated 08/10/2021 ) +1 CC to M/s.SPL.GP ( SR-31741[F] dated 08/10/2021 ) 07.10.2021 MGJ(22.10.2021) 3P 7C 3/3