S.Nagarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA S.Nagarajan ... Petitioner Vs.

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The District Revenue Officer, Virudhunagar, Virudhunagar District.

3.The Tahsildhar, Vembakottai Taluk, Virudhunagar District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to issue a patta for property in S.No.621/1 situated in Keela Rajakularaman Village, Vembakottai Taluk, Virudhunagar District by complying the order passed by the second respondent dated 07.06.2024 vide Ni.Mu.A5/1/2024 within a time stipulated by this Court.

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For Petitioner : Mr.N.Balasubramanian For Respondents : Mr.A.Kannan Additional Government Pleader

O R D E R

This writ petition has been filed for a direction to the third respondent to issue a patta for property in S.No.621/1 at Keela Rajakularaman Village, Vembakottai Taluk, Virudhunagar District by complying with the order passed by the second respondent dated 07.06.2024.

2. The petitioner is the owner of the aforesaid property. The petitioner stated that though the property measured an extent of 62 cents, in the revenue records, the extent was recorded as 55 1/2 cents only. The petitioner sold the property to one Mr.Marimuthu in the year 2010 and at the time, it came to light that the extent was erroneously recorded as 55 1/2 cents instead of 62 cents. The petitioner therefore approached the second respondent to rectify the revenue records and issue him patta for the entire extent of 62 cents. Inspite of petitioner's repeated representations, no action was taken. The petitioner therefore filed a detailed representation on 20.07.2020 and thereafter also no action was taken. The petitioner therefore filed W.P.(MD)No.27203 of 2023 for 2/5

writ of Mandamus for a direction to the respondents to issue patta to him for the property in S.No.621/1 for the remaining extent of 6 1/2 cents. This Court vide order, dated 15.11.2023 directed the second respondent to consider the petitioner's representation and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of the order. After the disposal of the writ petition, the second respondent vide order, dated 07.06.2024 directed the third respondent to verify the documents, to survey the lands, conduct enquiry and if found eligible to issue patta in favour of the petitioner. As no action was taken by the third respondent, inspite of the second respondent aforesaid order, the petitioner filed the writ petition for the aforesaid relief.

3. It is seen that the second respondent as early as in June 2024, directed the third respondent to verify the documents, to survey the lands, conduct enquiry and if found eligible issue patta in favour of the petitioner. As the third respondent has not initiated any action in pursuance of the order passed by the second respondent, I am inclined to issue a direction to the third respondent to comply with the order of the second respondent, dated 07.06.2024 within a period of 12 weeks from the date of receipt of a copy of this order. 3/5

4. Accordingly, the writ petition stands disposed of. No costs. 14.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN To:

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The District Revenue Officer, Virudhunagar, Virudhunagar District.

3.The Tahsildhar, Vembakottai Taluk, Virudhunagar District.

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N.MALA, J.

SN 14.11.2024 5/5