Periya Muniyasamy. S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2022
CORAM
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.25090 of 2022 S.Periya Muniyasamy .. Petitioner Vs.
1.The District Collector Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Kovilpatti Sub Division, Kovilpatti, Thoothukudi District.
3.The Tahsildar Ottapidaram Taluk, Thoothukudi District.
.. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to rectify the error in Patta No. 603 in S.F.No.261/2B to an extent of 0.21.00 Ares instead of 0.19.00 Ares situated at S.Kumarapuram Village, Ottapidaram Taluk, Thoothukudi District, based on the petitioner's representation, dated 11.08.2022.
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For Petitioner : Mr.M.Prabu For Respondents : Mrs.K.Christy Theboral Additional Government Pleader
ORDER
The petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents to rectify the error in Patta No.603 in S.F.No.261/2B to an extent of 0.21.00 Ares instead of 0.19.00 Ares situated at S.Kumarapuram Village, Ottapidaram Taluk, Thoothukudi District, based on the petitioner's representation, dated 11.08.2022.
2.Heard Mr.M.Prabu, learned counsel for the petitioner and Mrs.K.Christy Theboral, learned Additional Government Pleader, who takes notice for the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The learned counsel for the petitioner submitted that the petitioner's father Late.Subba Naicker purchased the property in S.F.No. 261/2B to an extent of 0.21.00 Ares situated at S.Kumarapuram Village, 2/6
Ottapidaram Taluk,Thoothukudi District, from Sankarappa Naicker through registered sale deed, dated 06.06.1967 and his father was enjoying the property without any hindrance. On 14.01.1971, the petitioner's sister Muniammal executed a release deed in favour of the petitioner with regard to S.F.No.261/2B and other properties through Document No.31 of 1971. The patta for the above said property stands in the name of his brother's name jointly. As per the sale deed total extent is 0.21.00 Ares (51 cents) and in patta No.603 issued by the third respondent was wrongly mentioned as 0.19.00 Ares. Hence, the petitioner made a representation before the second respondent to rectify the error crept in patta No.603. After receiving his representation, on 23.08.
2022 the second respondent directed the third respondent to take necessary steps based on his representation thorough proceedings No.O.Mu.No.A2/9334/2022, dated 23.08.2022 and on 25.08.2022, the first respondent directed the third respondent to take necessary steps in this regard. Despite the said proceedings, till date, no action has been taken by the respondents. Hence, the petitioner has filed the present writ petition.
4.The learned Additional Government Pleader appearing for the respondents would submit that necessary steps will be taken by the 3/6
authorities concerned to rectify the error in patta as sought for by the Petitioner, within the time limit specified by this Court.
5. In view of the above submission, this Court directs the third respondent to consider the request of the Petitioner in the light of the proceedings in No.O.Mu.No.A2/9334/2022, dated 23.08.2022 and proceedings in No.O.Mu.No.Aa1/petition No.391/2022, dated 25.08.2022 and pass appropriate orders in this regard, on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
04.11.2022 Index : Yes/No Internet : Yes/No rm 4/6
To 1.The District Collector Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Kovilpatti Sub Division, Kovilpatti, Thoothukudi District.
3.The Tahsildar Ottapidaram Taluk, Thoothukudi District.
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V.BHAVANI SUBBAROYAN, J.
rm Order made in W.P.(MD) No.25090 of 2022 04.11.2022 6/6