Madras High CourtWP(MD)/29847/2024disposed of

Anandharaj v. The District Collector

2024-12-11Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA W.P(MD)NO.29847 OF 2024 Anandharaj : Petitioner .vs.

1.The District Collector, Thoothukudi District.

2.The Revenue Division Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

4.Selvaraj 5.Durairaj 6.Perinbamuthukumar 7.Devakumar :Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to dispose the representation preferred by the Petitioner, dated 15.07.2024 to rectify the error regarding issuance of patta in respect of properties situated in R.S.No. 90/2,91/1,91/3,91/4,91/5 and 46/12 of Puthiyamputhur Village,

Ottapidaram Taluk, Thoothukudi District.

For Petitioner :Mr.A.Balakrishnan For Respondents :Mr.A.Kannan 1 to 3 Addl.Govt.Pleader

O R D E R

********** This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to dispose the representation preferred by the Petitioner, dated 15.07.2024 to rectify the error regarding issuance of patta in respect of properties situated in R.S.No.90/2, 91/1, 91/3, 91/4, 91/5 and 46/12 of Puthiyamputhur Village, Ottapidaram Taluk, Thoothukudi District.

2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.The Petitioner was allotted the properties in R.S.No. 90/2(presently t 90/2 D) 1 acre, R.S.No.91/2, measuring 48 cents, R.S.No.91/5, measuring 56 cents totalling to 1 acre and 4 cents. In R.SNo.91 and in R.S.No.294/1(presently at 294/1b), the Petitioner

was allotted 1 acre and 60 cents and in R.S.No.46/12, the Petitioner was allotted 10 cents. According to the Petitioner, the Petitioner was in physical possession and enjoyment of the properties covered by the aforesaid survey numbers. Whileso, tbe Petitioner came to know that patta for the Petitioner's property was granted to the respondents 4 and 5 and to the respondents 6 and 7 with respect to the other properties. Under these circumstances, the Petitioner made a representation, dated 15.07.2024 to the second respondent to rectify the error crept in in the patta issued for the Petitioner's lands. As no action was taken on the Petitioner's representation, the Petitioner submitted another representation on 13.09.2023 and even thereafter, no action was taken. The Petitioner, therefore, filed the above Writ Petition for the relief stated supra.

4.It is seen that the Petitioner's application is kept pending since 15.07.2024, without any action by the respondents. I am therefore, inclined to issue a direction to the second respondent to consider the Petitioner's representation, dated 15.07.2024 and pass orders on merits, in accordance with law, in confirmity with Section 10 of the Patta passbook Act and in consonance with the the time line provided under the Circular of the Commissioner of Land Administration, Chennai, dated 17.07.2023.

5.With the above direction, the Writ Petition stands disposed of. No costs.

11.12.2024 NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To 1.The District Collector, Thoothukudi District.

2.The Revenue Division Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

N.MALA, J.

vsn ORDER MADE IN W.P(MD)NO.29847 of 2024 11.12.2024