Velusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2024

CORAM

THE HON'BLE MRS.JUSTICE N.MALA W.P(MD)No.27765 of 2024 Velusamy

...Petitioner

Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer, Tenkasi Taluk, Tenkasi District.

3.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

4.Murugan

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India to issue a writ of mandamus directing the third respondent to mention the exact extent of the properties comprised in Survey Nos. 329/5 and 329/6 situated at Sernthamangalam Village, Kadayanallur Taluk, Tenkasi District in Patta No.6398 and remove the name of the fourth respondent from both the Patta Nos.6398 and 6503 by considering the representation dated 17.10.2024.

For Petitioner : Mr.T.Lenin Kumar For R1 to R3 : Mr.M.Muthumanikkam Government Advocate 1/5

ORDER

This Writ Petition is filed for issuance of writ of mandamus directing the third respondent to mention the exact extent of the properties comprised in Survey Nos.329/5 and 329/6 situated at Sernthamangalam Village, Kadayanallur Taluk, Tenkasi District in Patta No.6398 and remove the name of the fourth respondent from both the Patta Nos.6398 and 6503 by considering the representation dated 17.10.2024.

2. With the consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The punjai lands measuring to an extent of 1.04 acre and 40 cents comprised in Survey Nos.329/5 and 329/6 situated at Sernthamangalam Village, Kadayanallur Taluk, Tenkasi District belonged to the petitioner's father Karuppasamy and after his demise, the property devolved upon the petitioner and his brother Shanmugavel Pandian. The third respondent issued two pattas. The patta number No. 6398 was issued to the petitioner's brother and the patta No.6503 was issued to the petitioner. In the said pattas, the name of the fourth respondent was also included even though he was in no way related to 2/5

the said properties and the extent of the property in Survey No.329/5 was wrongly mentioned. In order to rectify the mistake in the extent of the subject property in the patta and also to remove the name of the fourth respondent from the pattas, the petitioner submitted a representation to the respondents 1 to 3. As the respondents 1 to 3 did not act on the petitioner's representation, the petitioner filed the above Writ Petition for the aforesaid relief.

3. The learned Additional Government Pleader submitted that the petitioner has to file an appeal against the grant of joint patta in the name of the fourth respondent and for correction of the extent of the properties, instead, the petitioner filed a representation to the respondents 1 to 3.

4. The learned counsel for the petitioner submitted that the petitioner has given a representation to the second respondent and therefore, the petitioner's representation may be considered as an appeal and a direction may be issued to the second respondent to dispose of the appeal within a stipulated time.

5. It is seen that the representation was made by the petitioner on 17.10.2024 and therefore, I am inclined to issue a direction. Accordingly, 3/5

the second respondent is directed to consider the representation dated 17.10.2024 as an appeal and dispose of the same within the timline stipulated in the Circular dated 17.07.2023 of the Commissioner, Land Administration, Chennai.

4. With the aforesaid direction, the Writ Petition stands disposed of. No costs.

21.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM To, 1.The District Collector, Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer, Tenkasi Taluk, Tenkasi District.

3.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

4/5

N.MALA ,J.

CM W.P(MD)No.27765 of 2024 21.11.2024 5/5