Madras High CourtWP(MD)/22097/2024allowed

Thanasekar v. The District Collector

2024-09-18Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Thanasekar .. Petitioner Vs.

1.The District Collector, Tirunelveli District.

2.The Revenue Divisional Officer, Chranmahadevi, Tirunelveli District.

3.The Tahsildar, Tisaiyanviali Taluk, Tirunelveli District.

..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation, dated 03.08.2024 and issue patta to the petitioner correcting the extent with respect to the property in Sy.No.305/1A6A, Tisaiyanvilai Village, Tisaiyanvilai Taluk, Tirunelveli District.

For Petitioner :

Mr.R.Balakrishnan For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

Seeking a mandamus to the respondents to consider the petitioner's representation, dated 03.08.2024 and consequently issue patta in respect of the property in Survey No.305/1A6A, Tisaiyanvilai Village, Tisaiyanvilai Taluk, Tirunelveli District, the petitioner is before this Court.

2. The property in question measuring an extent of 25 cents belonged to B.S.Jebakumar and B.S.Andrews by virtue of a registered sale deed of the year 2006. The petitioner purchased the above said property on 03.09.2021 under a registered sale deed and since then, he has been in absolute possession and enjoyment of the same.

3. While so, though the petitioner's vendor had purchased 25 cents of land corresponding to 10890 sq.ft, patta has been issued only for an

extent of 19.26 cents. After the petitioner had purchased the property, he had noticed this anomaly. Therefore, he had submitted a detailed representation on 03.08.2024, for which no further action has been taken on the side of the respondents. Therefore, the petitioner is before this Court.

4. Considering the fact that the documents of title of the petitioner and the predecessor in title show an extent of 25 cents and the patta shows a far lesser extent, which the petitioner has immediately addressed the respondents, a mandamus is issued to the 3rd respondent to consider the representation of the petitioner, dated 03.08.2024 and correct the entry with reference to the extent of land in respect of Survey No. 305/1A6A, Tisaiyanvilai Village, Tisaiyanvilai Taluk, Tirunelveli District to be in tune with the extent shown in the document of tile. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

18.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Tirunelveli District.

2.The Revenue Divisional Officer, Chranmahadevi, Tirunelveli District.

3.The Tahsildar, Tisaiyanviali Taluk, Tirunelveli District.

P.T.ASHA, J.

gbg 18.09.2024