N.Govindarajulu, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 N.Govindarajulu ... Petitioner Vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Tahsildar, Aranthangi Taluk Office, Aranthangi, Pudukkottai District.
3.The Sub Registrar, Aranthangi Sub Registration Office, Aranthangi, Pudukkottai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to restore the above said lands in Aranthangi Town Survey No.36 in which 46 cents, and old S.No.29/6 in which 19 cents and S.No.27/1 in which 18 cents lands and also Aranthangi Town, Kottai 3rd Street, Old Ward No.16, New Ward No.21 and Old S.No.35/3 1/5
wherein 16 cents and S.No.35/4 wherein 16 cents and S.No.35/5 wherein 9 cents, lands in Aranthangi Town Old No.29/3 and New Town S.No.36 is having 46 cents and land situated in Aranthangi Village in Old S.No. 29/6 of an extent of 19 cents and also lands in S.No. 27/1 of an extent of 18 cents and lands situated in Old S.No.16 New S.No.21 and Old S.No. 35/3 of an extent of 16 cents and S.No.35/4 of an extent of 16 cents and also S.No.35/5 of an extent of 9 cents in the name of petitioner and also carryout necessary changes in the revenue records in the name of petitioner within a time stipulated by this Court. For Petitioner : Mr.G.Gomathi Sankar For R1 & R2 : Mr.A.Baskaran Additional Government Pleader For R3 : Mr.K.S.Selva Ganesan Additional Government Pleader
ORDER
The present writ petition has been filed seeking a writ of Mandamus, directing the second respondent herein to restore patta in the name of the writ petitioner.
2. According to the learned counsel for the petitioner, the petitioner's father is the owner of the survey numbers in dispute. A patta was also issued in the name of the writ petitioner's father. However, after the death of his father, without notice to the writ petitioner, the patta was 2/5
transferred in the name of the writ petitioner's father's younger brother, namely, Durai Raj. The said Durai Raj has also passed away in the year 2005 without leaving any issues. Hence, the petitioner has sought for restoring the patta in his name by was of a representation, dated 15.03.2014. So far, no orders have been passed by the second respondent herein in the said application.
3. In view of the above said facts, the second respondent is directed to consider the representation given by the petitioner on 15.03.2014 and pass orders on merits and in accordance with law, after giving due opportunity to the writ petitioner within a period of twelve
(12) weeks from the date of receipt of a copy of this order. This order is passed without expressing any opinion on the merits of the representation.
4. With the above said observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 13.09.2022 Index :
Yes / No Internet :
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To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Tahsildar, Aranthangi Taluk Office, Aranthangi, Pudukkottai District.
3.The Sub Registrar, Aranthangi Sub Registration Office, Aranthangi, Pudukkottai District.
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R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
13.09.2022 5/5