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Madras High CourtWP(MD)/19479/2024disposed of

R.Ravichandran v. The District Collector

2025-04-15Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 02.04.2025 Delivered on : 15.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI R.Ravichandran ... Petitioner /Vs./

1. The District Collector Dindigul District, Dindigul.

2. The District Revenue Officer Dindigul District, Dindigul.

3. The Revenue Divisional Officer, Dindigul District(West) Dindigul.

4. The Tahsildar Dindigul West, Dindigul District.

5.M.Subburaj (R5 impleaded vide court order dated 02.04.2025 in WMP(MD)No.17135/2024) ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent to issue patta in favour of the petitioner in S.No. 643 / 1B (0.44.00) hectares to extended 1/6

1 acre 8 cents situated at M.Ammapatti, Silvarpatti Village, Dindigul West, Dindigul, based on the petitioner's representation dated 11.09.2023.

For Petitioner : Mr.T.Palanisamy For Respondents : Mr.S.Kameswaran Government Advocate for R1-4

ORDER

The petitioner has sought for issuance of a writ of mandamus to direct the fourth respondent to issue patta in favour of the petitioner based on his representation dated 11.09.2023.

2. I have heard Mr.T.Palanisamy, learned counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate for the respondents 1 to 4.

3. Considering the limited relief sought for, with the consent of the learned counsel on either side, I have heard the writ petition finally. 2/6

4. The petitioner tracing title to his grandfather under registered settlement deeds and patta standing in the name of his grandfather, viz., Mahalingam Naicker, has sought for issuance of patta, subsequent to the demise of the petitioner's grandfather, in whose name patta was originally mutated. Subsequently, patta No.2996 was issued in the joint names of the petitioner's family members, viz., the petitioner's mother, the petitioner and the petitioner's brother. The petitioner's mother subsequently passed away on 18.04.2016. In respect of patta No.2996, survey No.643/1A, insofar as an extent of 4.80 Acres comprised in Survey No.643/1B patta was issued in respect of lesser extent of 3.72 Acres and further in patta No.427 was wrongly issued in favour of one Subburaj, for an extent of 1.08 Acres. Therefore, the petitioner made representations on 13.03.2023 and 11.09.2023, seeking necessary action to be taken on the petitioner's representation.

5. Considering the above narrated circumstances, it would suffice to direct the respondents 3 and 4 to conduct necessary enquiry and pass orders on the petitioner's application for correction of the extent as well 3/6

as removal of the name of one Subburaj, which according to the petitioner has wrongly found its way in the patta of the petitioner.

6. Hence, the respondents 3 and 4 are directed to conduct an enquiry after giving opportunity to the petitioner as well as his brother and Mr.Subburaj, in whose patta is mutated in respect of 1.08 Acres in patta No.427 and pass final orders, on merits and in accordance with law. In the event of the third respondent requiring any spot inspection or enquiry to be conducted, he shall be at liberty to have the same done through the fourth respondent. The said exercise shall be carried out within a period of 12 weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

Index : Yes / No 15.04.2025 NCC : Yes / No LS 4/6

TO:-

1. The District Collector Dindigul District, Dindigul.

2. The District Revenue Officer Dindigul District, Dindigul.

3. The Revenue Divisional Officer, Dindigul District(West) Dindigul.

4. The Tahsildar Dindigul West, Dindigul District.

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P.B. BALAJI , J.

LS Pre-delivery Order made in Dated:

15.04.2025 6/6