S. Muthuramalingam, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.20084 of 2014 and MP(MD)Nos.1 and 2 of 2014 S.Muthuramalingam ... Petitioner Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Thasildar, Kadaladi Taluk, Ramanathapuram District.

4.Andi ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to call for the records of the impugned computer patta / chitta dated 30.11.2014 uploaded on the instruction of the 3rd respondent and quash the same as illegal and consequently direct respondents 1 to 3 to change the computer patta/ chitta from the name of the 4th respondent to the petitioner's grand father's name Irulappa Thevar, son of Vellaiyah Thevar and his legal heirs. 1/6

For petitioner : Mr.C.Gangai Amaran For Respondents : Mr.J.K.Jeyaseelan, Nos.1 to 3 Government Advocate

ORDER

This writ petition has been filed as against the computer generated patta for the land in S.No.166. 2.The impugned patta dated 30.11.2014 stands in the name of Andi, S/o. Irullappa Thevar. The petitioner claiming to be the legal heir of the Irulappa Thevar has filed this writ petition stating that the entries have been made wrongly in the Taluk Office.

3.The case of the writ petitioner is that the land in S.No.166 to an extent of 23 Acres 27 Cents belongs to one Irulappa Thevar, S/o.Thirukkanna Thevar. The said Irulappa Thevar had two wives namely Marimuthammal and Kumarayee. They had no issues. The petitioner's father Sorimuthu Thevar is the only legal heir of the Irulappa Thevar. After the death of the petitioner's grand father Irulappa 2/6

Thevar, the property has been in exclusive possession and enjoyment of the petitioner's father. Out of the total extent, the petitioner's father had settled 8 acres of the land in favour of the petitioner's mother in the year 1999 and 0.09.0 Acres was acquired for Malattaru Dam project and the remaining land was sub divided into S.Nos.166/2B1, is classified as road Poramboke and 166/2B2 stands in the name of Irulappa Thevar, S/o.Vellaiya Thevar and Ramaiah Thevar, S/o.Sethu Thevar jointly in Patta No.69. Ramaiah Thevar is the petitioner's brother-in-law. The said property was granted as sridhana to his sister Pathrakali. However, in the computer generated records the name of Andi, S/o. Irulappa Thevar, who is the 4th respondent herein, has been wrongly mentioned.

Taking advantage of the same, the 4th respondent has cancelled the patta stood in the name of the petitioner and therefore, the petitioner has made an application to correct the entries, it was corrected by the 3rd respondent. Challenging the same, the 4th respondent filed an appeal before the 2nd respondent and directed him to approach the civil court.

mentioned. Therefore, the petitioner has approached this Court, challenging the computer generated patta. 4.The learned Additional Government Pleader appearing for the official respondents submits that the S.No.166/ initially stood in the name of Irulappa Thevar, S/o.Vellaiah and in the URD register by proceedings in RPT. 1106/95-96 patta has been granted as joint patta in the name of Irulappa Thevar, S/o. Andi and Ramaiah Thevar, S/o.Sethu Thevar and by proceedings dated 20.05.2004 the patta for S.No.166/2A was issued in the name of one Vallimayil, W/o. Sorimuthur and patta for S.No.166/2B was granted in favour of one Andi Thevar, S/o. Irulappa Thevar and one Ramaiah Thevar S/o. Sethu Thevar.

5.This writ petition is filed based on the computer generated patta and therefore, the petitioner shall work out his remedy either before the revenue officials or before the competent civil Court and establish his rights. 4/6

6.In the result, this writ petition is dismissed. No costs. Consequently connected miscellaneous petitions are also dismissed.

16.06.2023 dsk To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Thasildar, Kadaladi Taluk, Ramanathapuram District.

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B.PUGALENDHI, J.

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