Shanmugaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.15136 of 2022 Shanmugiah ... Petitioner v.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Thasildar, Tiruvengadam Taluk, Tenkasi District.

3.The Sub Registrar, Kalugumalai Sub Registration Office, Thoothukudi District.

4.Vellapandi ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to exclude the name of the fourth respondent from the patta bearing No.6009 of 1/4

Palankottai Village, Tiruvengadam Taluk, Tenkasi District, by considering the petitioner's representation dated 26.08.2022. For Petitioner : Mr.C.Selvakumar For Respondents : Mr.P.T.Thiraviam, Government Advocate for R.1 to R.3 No appearance for R.4 *****

ORDER

The petitioner, with a grievance that the fourth respondent's name has been wrongly included in the patta for the land in S.No.260/4 of Palankottai Village, Tiruvengadam Taluk, has filed this writ petition. 2.Learned Counsel for the petitioner, by referring the patta no.6009, submitted that the patta originally stood in the name of the petitioner alone, however, the fourth respondent's name has now been included in the patta. On knowing the same, the petitioner has submitted a representation before the Tahsildar, however, the same has not been considered. 2/4

3.Learned Government Advocate submitted that as against the entry made by the Tahsildar in the patta, the remedy available is to prefer an appeal before the Revenue Divisional Officer.

4.Considering the above submissions, this writ petition is disposed of with a liberty to the petitioner to file an appeal before the Revenue Divisional Officer, Sangarankovil, as against the entries made in the patta by the Tahsildar, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such appeal, the Revenue Divisional Officer shall consider the same and shall pass appropriate orders, on merits and in accordance with law, after providing sufficient opportunity of hearing to the petitioner and other interested parties, if any, within a further period of twelve weeks therefrom.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 11.09.2023 NCC :

Yes / No gk 3/4

B.PUGALENDHI, J.

gk Note:

Mark a copy of this order to The Revenue Divisional Officer, Sangarankovil.

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Thasildar, Tiruvengadam Taluk, Tenkasi District.

3.The Sub Registrar, Kalugumalai Sub Registration Office, Thoothukudi District.

11.09.2023 4/4