Patta caseMR JUSTICE N. ANAND VENKATESH WP No. 4394 of 2025 1. M.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
WP No. 4394 of 2025
1. M.Mahadevan
No.5, Pound Street, Marandahalli Post, Palcode Taluk, Dharmapuri District.
Petitioner(s)
Vs
1. The District Collector
District Collectorate, Dharmapuri-636 705.
2.The District Revenue Officer District Collectorate, Dharmapuri-636 705.
3.The Tahsildar
Karagathahalli, Palacode-636 808.
Respondent(s)
PRAYER
Writ petition filed under Article 226 of Constitution of India for issuance of writ of Mandamus directing the 2nd respondent to forthwith consider and pass necessary orders on the representation of the petitioner dated 26.08.2024 and reminder dated 04.10.2024
For Petitioner(s): S.Indrajith
For Respondent(s): Mr.A.Selvendran Sgp Takes Notice For R1 To R3
ORDER
This writ petition has been filed for the issue of writ of Mandamus
directing the 2nd respondent to consider the representation made by the petitioner on 26.08.2024 and pass necessary orders within the time frame fixed
by this Court.
2. Heard Mr.S.Indrajith, learned counsel for the petitioner and
Mr.A.Selvendran, learned Additional Government Pleader for respondents 1 to 3.
3. The case of the petitioner is that the 2nd respondent through
proceedings dated 31.05.1991 granted ryotwari patta in favour of the petitioner’s family. As per the said order, the petitioner’s family was granted patta for 19.16 acres of land. Pursuant to that order, the 3rd respondent through proceedings dated 21.01.1992 sub-divided the survey numbers and granted patta in Survey Nos.203/2A2, 203/8, 203/7, 189/2, 212 and 223. It was further stated in the said order that the land measuring 1.52 acres in Survey No.202/2A has already been allotted to one Veerabadiraayyar and patta was also issued and therefore, patta cannot be issued in respect of said survey number measuring an extent of 1.52
acres.
4. The grievance of the petitioner is that the petitioners family was allotted 1.52 acres in Survey No.201/2C2 and it was erroneously mentioned as Survey No.201/2A. Hence, according to the petitioner, if the correct survey number had been mentioned, patta would have been granted for the said extent of property also. In view of the same, several representations were made by the petitioner and his family members from the year 1991 onwards to rectify the survey number 201/2C2 measuring an extent of 1.52 acres. Since no action has
been taken, the present writ petition has been filed before this Court.
5. When the matter came up for hearing on 06.03.2025, this Court
directed the learned Additional Government Pleader to take written instructions. Accordingly, the matter was listed for hearing today. The 3rd respondent has given the written instructions and the relevant portions are extracted hereunder
:-
Mf;fpkpg;g[jhuUf;F fle;j 28/11//2024 md;W nehl;lO!; 7 rhh;t[ bra;ag;gl;Lk;. Mf;fpukpg;g[jhuh; jhdhf Kd;te;J Mf;fpukpg;g[ mfw;wk; bra;atpy;iy vd;gjhYk; nehl;lP!; 7f;F tpsf;fk; Vjk; bjuptpf;fg;gl;L fojk; kDjhuuplkpUe;J thg;bgwtpy;iy vd;gjhYk;/ ghyf;nfhL khtl;l cupikapay; ePjpkd;wj;jpy;
O.S.No.76 of 2024 d; go tHf;F bjhlug;gl;lij bjhlu;e;J khtl;l Kjd;ik ePjpkd;wk; kw;Wk; mku;t[ ePjpkd;w muR tHf;fwp”upd; ghu;it 3 y; fhZk; rl;lf;FUj;JUtpd; nghpYk; jpU kfhnjtd; j/bg (nyl;) kUrhkp vd;gtUf;F 1905 Mk; Mz;L epy Mf;fpukpg;g[ rl;lj;jpd; 6 tJ gpuptpd; fPH; nehl;lP!; tH’;fg;gl;L
28.12.2024 md;W nkw;go g[y vz; 201-2C2 y; Mf;fpukpg;g[ mfw;wk; bra;ag;gl;lJ/
nkYk; kDjhuupd; Mf;fpukpg;g[ mfw;wk; bra;tJ Fwpj;j Ml;nrgid kD 06.01.2025 md;W ,t;tYtyfj;jpw;F fpilf;fg;bgw;wJ kDjhuh; rku;g;gpj;Js;s Mtz’;fshd ghu;it 2 y; fhZk; khtl;l tUtha; mYtyh; mtu;fspd; Miz ghu;it 4 y; fhZk; ePjpkd;w Miz kw;Wk; kDjhuh; rku;g;gpj;Js;s kDf;fs;
Mfpatw;iw guprPyid bra;jjpy; bfz;nld ms;sp fpuhk g[y vz; 201/-2A bjhlu;ghf kl;Lk; Fwpg;gplg;gl;Ls;sJ. Kdjhuuplk; bfz;nldms;sp fpuhk g[y vz; 201-2rp2 gug;g[ 1/18/50 bcwf;nlu; epyj;jpw;Fz;lhd gjpt[ bra;ag;gl;l Mtz’;fs; Vjkpy;iy vd;gjhy; ghu;it 6y; fhZk; fojj;jpd; go kDjhuupd; kD js;Sgo bra;ag;gl;L kDjhuUf;F fojk; mDg;gg;gl;lJ. nkYk; khtl;l Ml;rpau; mtu;fspd; e/f 750-2025-j3 ehs; 28/02/2025 d; go ,g;bghUs; bjhlu;ghf tprhuiz miHg;ghid ghu;it 7 fz;Ls;sthW tug;bgw;Ws;sJ vd;gij gzpt[ld;
bjhptpj;Jf;bfhs;fpnwd;/
6. The learned Additional Government Pleader also produced the proceedings dated 05.11.2024 wherein the petitioner was informed that the request made by the petitioner is rejected on the ground that no records are
available in order to act upon the representation made by the petitioner.
7. The learned counsel for the petitioner by relying upon the
additional typed set of papers submitted that the original proceedings dated 31.05.1990 is very much available and the same is evident from the fact that it has been counter signed by the District Collector. The learned counsel submitted that as such there is no dispute and it requires only a correction of the survey number and instead of mentioning the survey number as 201/2A, it should be mentioned as 201/2C2 and 1.52 acres is relatable to survey No..201/2C2. In
such an event, the patta can be granted for the said survey number.
8. Taking into consideration the facts and circumstances of the case and the materials that have been placed before this Court, there shall be a direction to the 1st respondent to deal with the representation made by the petitioner on 02.12.2024 on its own merits and in accordance with law and the 1st respondent shall permit the petitioner to produce all the relevant documents and shall also call for the original records and pass orders within a period of
eight weeks from the date of receipt of a copy of this order.
9. This writ petition is disposed of with the above directions. No
costs.
10-03-2025
rka
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
1.The District Collector District Collectorate, Dharmapuri-636 705.
2.The District Revenue Officer District Collectorate, Dharmapuri-636 705.
3.The Tahsildar
Karagathahalli, Palacode-636 808.
N.ANAND VENKATESH J. rka WP No. 4394 of 2025 10-03-2025
