Sudha.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.Sudha ... Petitioner versus

1. The District Collector, Karur District,

2. The District Revenue Officer, District Collectorate Campus, Thanthonimalai,

3. The Thasildar, Taluk Office, Jawahar Bajar, Karur - 639 001.

4. The Village Administrative Officer, Jegadabai Village, Uppidamangalam, Karur Talk, Karur District.

5. Pitchaimuthu

6. Palanisamy

7. Suganthi

8. Sumathi

9. Rasammal 1/6

10. Manivel

11. Sakthivel

12. Arukkani ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 3rd respondent to conduct enquiry under Section 10 of the Tamil Nadu Patta Pass Book Act for modification of entries in the Patta Pass Book and to transfer the patta individually in the name of the petitioner on the basis of the petitioner's registered sale deed Document No. 2501/2023, dated 04.05.2023 in respect of the landed property bearing S.No.629 of an extent of 52 cents, [0.21.0 hectare], out of total extent of 8.88 Acres [3.59.5 hectare], situated at Jegadabi Village, Karur Taluk, Karur District, by considering the petitioner's last representation dated 25.07.2023.

For Petitioner : Mr.K.Balasundaram Senior Counsel for Mr.A.Saravanan For R1 to R4 : Ms.D.Farjana Ghoushia, Special Government Pleader

ORDER

The petitioner has submitted several representations dated 12.05.2023, 17.05.2023, 01.06.2023 and 25.07.2023 to the official respondents, requesting for modification of entries in the Patta Pass 2/6

Book and to transfer the patta individually in her name. Since the said representations have not been considered so far, she has filed the present writ petition.

2. Ms.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for respondents 1 to 4, on written instructions, which she has received from the Tahsildar, Karur, dated 01.08.2023 submits that the petitioner submitted the representation based on the document, which was registered in Sub Registrar's Office on 04.05.2023 as Document No.2501/2023. By this document, she claims 52 cents from Survey No.629. This extent of 52 cents is in Sruvey Nos.629/1, 630/A and 633/C1 and therefore, the petitioner was directed to carry out the correction in the Document No.2501/2023 and to submit a fresh application.

3. The learned Senior Counsel appearing for the petitioner disputed the same that this written instruction provided to the Special 3/6

Government Pleader is without any enquiry and without providing an opportunity to the petitioner. The learned Senior Counsel further submits that an on-line application has also been made as stated by the learned Special Government Pleader.

4. Considering the rival submissions made, this writ petition is disposed of with a direction to the third respondent/the Tahsildar, Karur, to consider the petitioner's application and pass an order after providing her an opportunity of hearing, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 02.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Collector, Karur District, 4/6

2. The District Revenue Officer, District Collectorate Campus, Thanthonimalai,

3. The Thasildar, Taluk Office, Jawahar Bajar, Karur - 639 001.

4. The Village Administrative Officer, Jegadabai Village, Uppidamangalam, Karur Talk, Karur District.

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B.PUGALENDHI, J.

ogy 02.08.2023 6/6