M.Senthilmurugan v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA M.Senthilmurugan ... Petitioner Vs.
1.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul, Dindigul District.
2.The Thasildar, Dindigul East Taluk, Dindigul District.
3.The Deputy Thasildar, Dindigul East Taluk, Dindigul District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 2 and 3 to conduct enquiry by following the procedure as contemplated under Tamilnadu Patta Pass Book Act, 1983 and to restore the patta in Patta No.13674 standing in the name of the petitioner issued by the third respondent dated 24.02.2023 with respect to the survey Nos.753/327 and 753/328 measuring about 3.46 Ares situated at Balakrishanapuram Village, Dindigul East Taluk, Dindigul District based on the representation of the petitioner, dated 14.11.2024 within a time frame as stipulated by this Court.
1/5
For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.M.Muthumanikkam Government Advocate
O R D E R
The writ petition has been filed for a direction to the respondents 2 and 3 to conduct enquiry by following the procedure as contemplated under Tamilnadu Patta Pass Book Act, 1983 and to restore patta in Patta No.13674, standing in the name of the petitioner issued by the third respondent on 24.02.2023, by considering the petitioner's representation, dated 14.11.2024.
2. By the consent of both parties, the writ petition is taken up for final disposal at the admission stage.
3. The petitioner purchased the property in survey Nos.753/327 and 753/328 to an extent 3.46 Ares at Balakrishanapuram Village, Dindigul East Taluk, Dindigul District under registered sale deed, dated 17.12.2012. The petitioner was issued patta in Patta No.13674, and ever since the date of purchase, the petitioner was in peaceful possession and enjoyment of the property. When the petitioner downloaded the patta for the aforesaid survey numbers, he found that Patta No.13674, issued in his favour was replaced by Patta No.11748. The petitioner found that the petitioner's aforesaid properties 2/5
were included in Patta No.11748 along with other properties. Though the petitioner's patta was not cancelled by the authorities, the petitioner's patta was not reflected in the website. According to the petitioner, the replacement of his patta in Patta No.11748 by Patta No.13674 was done without notice to him and in violation of the provisions of the Tamil Nadu Patta Passbook Act. The petitioner therefore submitted a representation to the respondents on 14.11.2024, requesting the respondents to issue notice to the petitioner while conducting enquiry on the representation of one M/s.Chandra, who obtained an order from this Court in W.P(MD)No.22859 of 2024. As further action was not taken on the petitioner's representation, the petitioner filed the above writ petition for the aforesaid relief.
4. The learned Government Advocate for the respondents, on instructions, submits that the third respondent has proposed to conduct enquiry on 26.12.2024, after due notice to the petitioner and all other interested parties and thereafter he will pass orders on merit.
5. The submission of the learned Government Advocate is recorded and the writ petition is disposed with the following direction. The third respondent is directed to issue enquiry notice to the petitioner and all other interested parties giving them clear 15 days time to file their 3/5
objections and thereafter pass orders on merits and in accordance with law as per Rule 4(2) of the Tamil Nadu patta Passbook Rules. No costs. 12.12.2024 NCC:yes/no Index:yes/no Internet:yes/no SN To:
1.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul, Dindigul District.
2.The Thasildar, Dindigul East Taluk, Dindigul District.
3.The Deputy Thasildar, Dindigul East Taluk, Dindigul District.
4/5
N.MALA, J.
SN 12.12.2024 5/5