N. Murali Krishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA N.Murali Krishnan ... Petitioner Vs.

1.The District Collector, Collector Office, Tiruchirappalli District.

2.The Tahsildar, Tahsildar Office, Tiruchirappalli East, Tiruchirappalli District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to consider the representation, dated 07.09.2024 to rectify the classification of the schedule property and to issue joint patta in petitioner's name and his mother regarding the schedule property.

For Petitioner : Mr.A.Punithan For Respondents : Mr.A.Kannan Additional Government Pleader 1/5

O R D E R

The writ petition is filed for writ of Mandamus to direct the second respondent to consider the representation of the petitioner, dated 07.09.2024 seeking to rectify the classification of the property in old T.S.No.5/5, New T.S.No.63, Door No.117, Highways Colony, Subramaniyapuram, Ariyamangalam Division, Tiruchirappalli East, Tiruchirappalli District and to issue patta in the name of the petitioner and his mother.

2. The petitioner's father purchased the subject property vide sale deed, dated 10.12.1977. Since the date of purchase, the petitioner was in peaceful possession and enjoyment of the subject property. The petitioner's father died intestate on 02.02.1996 and the subject property devolved upon the petitioner and her mother. While so, the petitioner applied for issuance of patta for subject property. To her shock and surprise, the petitioner came to know that the subject property was mistakenly classified as "Government land". The petitioner submitted a representation on 11.09.2023, to the second respondent to rectify the classification of the subject property and as no action was taken, the petitioner submitted a further representation on 07.09.2024, to the second 2/5

respondent, thereafter also no action was taken, therefore, the petitioner filed the above writ petition for the aforesaid relief.

3. The learned Additional Government Pleader for the respondents, on instructions, submitted that the second respondent has recommended to rectify the classification in favour of the petitioner to the first respondent through Revenue Divisional Officer and the same is pending with the first respondent. The learned Additional Government Pleader for the respondents therefore submitted that reasonable time may be given to carry out the rectification as per the recommendation of the second respondent by the first respondent.

4. In view of the submission made by the learned Additional Government Pleader for the respondents that, the second respondent has already submitted a proposal recommending the rectification as prayed by the petitioner to the first respondent through Revenue Divisional Officer, a direction is issued to the first respondent to rectify the classification within a period of 12 weeks, from the date of receipt of a copy of this order.

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5. Accordingly, the writ petition stands allowed. No costs. 03.12.2024 NCC:yes/no Index:yes/no Internet:yes/no SN To:

1.The District Collector, Collector Office, Tiruchirappalli District.

2.The Tahsildar, Tahsildar Office, Tiruchirappalli East, Tiruchirappalli District.

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N.MALA, J.

SN 03.12.2024 5/5