A.Chelladurai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Chelladurai ... Petitioner v.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Alangulam Taluk, Tirunelveli District.

3.Rajendran 4.Muthuraj ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to remove the names of respondents 3 & 4 in patta no.1036 and issue patta in favour of the petitioner, in the light of the petitioner's representation dated 14.11.2016.

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For Petitioner : Mr.S.R.A.Ramachandhran For Respondents : Mr.P.T.Thiraviyam, Government Advocate for R.1, R.2 *****

ORDER

The relief sought for in this writ petition is for a direction to the second respondent / Tahsildar to delete the names of respondents 3 & 4 from patta no.1036 and to issue a fresh patta in favour of the petitioner in respect of the property in S.No.414/3 to an extent of 0.43.0 Hectares, Andipatti Village, Karumanur, Alangulam Taluk, Tirunelveli District. 2.This Court is of the view that the petitioner can work out his remedy by filing an application before the Revenue Divisional Officer under the Patta Passbook Rules. Even then, if there is any rival claim on the property, the revenue officials are not competent to take any decision and the remedy available to the petitioner is before the competent civil Court. 2/4

3.In view of the above, liberty is granted to the petitioner to file an application before the Revenue Divisional Officer, Tirunelveli, within a period of two weeks from the date of receipt of a copy of this order, if so advised. If any such application is filed, the same shall be considered by the Revenue Divisional Officer, as per the Patta Passbook Rules and appropriate orders shall be passed, after affording due opportunity of hearing to the interested parties, within a further period of six months therefrom. Accordingly, this writ petition stands disposed of. No costs. Index :

Yes / No 07.06.2023 NCC :

Yes / No Internet :

Yes gk Note:

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

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B.PUGALENDHI, J.

gk To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Alangulam Taluk, Tirunelveli District.

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