Vellaichamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI Vellaichamy ... Petitioner /Vs./ 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.
3.The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District.
4.Kasi 5.Ganesan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the wrong entry of names of respondents 4 & 5 and issue separate patta to petitioner in Patta No.1124 for survey numbers 294/2 extent 33.00 ares, 313/2B extent 26.50 ares, 313/2D1 extent 7.00 Ares, 316/2A extent 14.50 1/6
ares, 261/2 extent 18.00 ares, 284/11 extent 6.00 ares situated at Arasarkulam West Revenue Village, Aranthangi Taluk, Pudukkottai District as per the order passed by the third respondent in proceedings Pa.Ma.Tho.Mu.PDK No.979/03.04 dated 01.07.2003 and proceedings Pa.Ma.Tho.Mu.PDK No.981/03.04 dated 01.07.2003 on the basis of petitioner's representation dated 15.11.2021 and 18.12.2024. For Petitioner : Mr.R.Prasanna For R1 to R3 : Mr.C.Satheesh Government Advocate
ORDER
The petitioner seeks issuance of writ of mandamus to direct the respondents 1 to 3 to remove the wrong entry of names of the respondents 4 & 5 and to issue separate patta in the name of the petitioner.
2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court. 2/6
4. The case of the petitioner is that there was a registered partition deed, dated 07.10.2003, in and by which, separate lands came to be allotted to the writ petitioner and the remaining lands were allotted to the other family members. However, in spite of the registered partition deed, patta issued in Patta No.1124 contains not only the name of the petitioner, but also the respondents 4 & 5. The petitioner, therefore, sent a representation to the respondents 1 to 3 on 15.11.2021 requesting wrongly included names to be removed and for issuance of fresh patta. Reminder was also sent and the petitioner also appeared before the Tahsildar, Avudaiyarkovil, Pudukkottai District in March 2022 and submitted all the relevant documents, was no further orders passed thereafter and therefore, the petitioner sent a reminder on 18.12.2024 and since there has been inaction on the part of the respondents 1 to 3 to act on the representation of the petitioner, he has come forward to file the present writ petition.
5. The learned Government Advocate appearing for the respondents 1 to 3 would submit that the petitioner's representation dated 15.11.2021 would be considered on merits and in accordance with law. 3/6
6. The petitioner, on receipt of a copy of this order shall give a fresh representation enclosing all the revelant documents including the sale deeds in 6.00 Ares said to have been purchased by the petitioner in respect of Survey No.284/11, Arasarkulam West Revenue Village, Aranthangi Taluk, Pudukkottai District. On receipt of the representation along with relevant documents from the petitioner, the Revenue Divisional Officer, Aranthangi, Pudukkottai District shall decide the said application on merits and in accordance with law after affording an opportunity of hearing to the petitioner and the respondents 4 & 5.
7. The said exercise shall be completed within a period of twelve (12) weeks from the date of making fresh application along with copy of the relevant documents and this order.
8. Accordingly, the writ petition is disposed of with the above direction. No costs.
Index : Yes / No NCC : Yes / No 03.02.2025 am 4/6
TO:- 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.
3.The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District.
5/6
P.B. BALAJI , J.
am Order made in Dated:
03.02.2025 6/6