N.S.Ashok Kumar v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA N.S.Ashok Kumar ... Petitioner Vs.
1.The District Revenue Officer, District Collector Office, Collectorate Complex, Dindigul.
2.The Tahsildar, Natham Taluk, Dindigul District.
3.K.Shanmugam 4.Kamatchi @ Kamalam 5.Kugadasan @ Gurunathan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue patta to the entire extent of 1184 square feet in respect of the petitioner's property situated in Dindigul District, Natham Taluk and Village, Old Natham S.F.No.212/12 and new UDR Natham S.F.No.531/41 in as per the petitioner's sale deed in Doc.No. 1011 of 2005, dated 08.07.2005, by cancelling the Patta Nos.735 and 2850 for 1/5
subdivisions S.F.No.531/46 & S.F.No.531/47 respectively made inside the petitioner's property, within a time frame fixed by this Court. For Petitioner : Mr.R.S.Sivaram For R1 & R2 : Mr.A.Kannan Additional Government Pleader For R3 : Mr.C.Jeyaprakash For R5 : Mr.B.Jameelarasu
O R D E R
The writ petition has been filed for a direction to the respondents to issue patta for the entire extent of 1184 square feet in respect of the petitioner's property in S.F.No.212/12 and new UDR Natham S.F.No.531/41, Natham Taluk and Village, Old Natham, Dindigul District, as per sale deed in Doc.No.1011 of 2005, dated 08.07.2005, by cancelling the Patta Nos.735 and 2850 for subdivisions S.F.No.531/46 & S.F.No.531/47 respectively made inside the petitioner's property, within a time frame fixed by this Court.
2. With the consent of both parties, the writ petition is taken up for final disposal.
2/5
3. The land and house property in Old S.F.No.212/12 and new UDR Natham S.F.No.531/41 was purchased by the petitioner from the fourth respondent vide sale deed, dated 08.07.2005, and patta for the subject property was also mutated in favour of the petitioner vide Patta No.364. At the time of issuance of patta, the petitioner inadvertently failed to note that patta was granted only for 818 square feet instead of 1184 square feet. The petitioner noticed the same only in the month of August 2024, and thereafter approached the second respondent's office and informed about the error in the patta issued to him. As the petitioner was unable to get housing loan for the entire extent of his property because of the erroneous patta issued to him for the subject lands, the petitioner filed the above writ petition for the aforesaid relief.
4. It is seen that the land in S.No.531/41 was admittedly subdivided as S.Nos.531/46 and 531/47 and patta was issued to the respondents 3 to 5 in Patta Nos.735 and 2850. The petitioner without challenging the subdivisions and patta issued in favour of the respondents 3 to 5 has prayed for Mandamus to issue patta in his favour by cancelling the said pattas. In my view in the absence of a challenge to the patta issued to the respondents 3 to 5, the Mandamus prayed for cannot be granted. In view of the above discussions, I find no merit in the writ petition and the same is dismissed. In any event, liberty is granted to 3/5
the petitioner to challenge the patta issued to the respondents 3 to 5. No costs. 22.01.2025 NCC:yes/no Index:yes/no Internet:yes/no SN To:
1.The District Revenue Officer, District Collector Office, Collectorate Complex, Dindigul.
2.The Tahsildar, Natham Taluk, Dindigul District.
N.MALA, J.
4/5
SN 22.01.2025 5/5