Madras High Court
V.Perumal vs The District Collector on 8 July, 2021
W.P.(MD).No.11274 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.11274 of 2021
V.Perumal ... Petitioner
Vs.
1.The District Collector,
Dindigul District,
Dindigul.
2.The Sub Collector cum District Revenue Officer,
Dindigul District,
Dindigul.
3.The Revenue Divisional Officer,
Palani,
Dindigul District.
4.The Tahsildar,
Vedasandur Taluk,
Vedasandur,
Dindigul District.
5.The Tahsildar,
Gujiliamparai Taluk,
Gujiliamparai,
Dindigul District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents 3 to 5 to take immediate
action for change of patta in the name of the petitioner in respect of the
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W.P.(MD).No.11274 of 2021
property comprised in Survey No.428/4 measuring about 1.86.5 hectares and
in Survey No.428/5 measuring about 1.90.0 hectares situated at Vellode
village previously Vedasandur Taluk presently Gujiliyamparai Taluk,
Dindigul District, in the light of the decree passed by the Civil Court in
O.S.No.298/2002, dated 31.12.2002, on the file of the Additional Sub Court,
Dindigul, based on the petitioner's representation, dated 10.02.2021, within a
time frame as fixed by this Court.
For Petitioner : Mr.B.Prahalad Ravi
For Respondents : Mr.M.Lingadurai
Government Advocate
ORDER
This writ petition has been filed for the issue of a writ of Mandamus,
directing the respondents to act upon the representation made by the
petitioner, on 10.02.2021, wherein, the petitioner has sought for change of
name in the patta in favour of him with respect to the subject property.
2.The case of the petitioner is that the subject property originally
belonged to his father and the patta also stood in his name. The further case
of the petitioner is that during the UDR scheme, the patta was erroneously
recorded in the name of a temple. The petitioner, therefore, made a
representation to the fourth respondent and the fourth respondent specifically
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W.P.(MD).No.11274 of 2021
informed the petitioner that a suit has to be filed seeking for a declaration.
3.Accordingly, a suit was filed in O.S.No.298 of 2002 on the file of the
Sub Court, Dindigul, seeking for the relief of declaration and permanent
injunction against the said temple represented by a Poosari. The said suit was
decreed by a judgment and decree, dated 31.12.2002. According to the
petitioner, the decree has become final and no appeal was filed.
4.The petitioner thereafter, made a representation to the fourth
respondent, seeking for the change of name in the patta. Since the same was
not acted upon a writ petition was filed before this Court in W.P.(MD).No.
16076 of 2018 and this Court also gave directions to the fourth respondent to
consider the representation of the petitioner.
5.Thereafter, the petitioner was informed by the fourth respondent that
he does not have the jurisdiction to change the name in the patta, since it had
happened during the UDR scheme and therefore, directed the petitioner to
approach the second respondent and make a representation.
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W.P.(MD).No.11274 of 2021
6.Accordingly, the petitioner made a representation to the second and
third respondents, on 10.02.2021, seeking for change of name in the patta in
accordance with the decree passed by the competent Civil Court. Since the
same was not acted upon, the present writ petition has been filed before this
Court, seeking for appropriate directions.
7.Heard Mr.B.Prahalad Ravi, learned counsel appearing for the
petitioner and Mr.M.Lingadurai, learned Government Counsel, appearing for
the respondents.
8.Taking into consideration the facts and circumstances of the case and
the fact that a decree has already been passed in favour of the petitioner by a
competent Civil Court, there shall be a direction to the second respondent to
act upon the representation made by the petitioner, on 10.02.2021 and pass
final orders strictly in accordance with law, within a period of six weeks from
the date of receipt of a copy of this order. If there are any other interested
parties, notice shall also be issued to them before passing the final orders on
the representation.
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W.P.(MD).No.11274 of 2021
9.The petitioner is directed to make a fresh representation to the second
respondent along with all relevant documents and also a copy of this order.
10.This writ petition is disposed of with the above directions. No
costs.
08.07.2021
Internet : Yes/No
Index : Yes/No
TM
To
1.The District Collector,
Dindigul District,
Dindigul.
2.The Sub Collector cum District Revenue Officer,
Dindigul District,
Dindigul.
3.The Revenue Divisional Officer,
Palani,
Dindigul District.
4.The Tahsildar,
Vedasandur Taluk,
Vedasandur,
Dindigul District.
5.The Tahsildar,
Gujiliamparai Taluk,
Gujiliamparai,
Dindigul District.
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W.P.(MD).No.11274 of 2021
NOTE:
In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant
concerned.
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W.P.(MD).No.11274 of 2021
N.ANAND VENKATESH, J.
TM
Order made in
W.P.(MD).No.11274 of 2021
Dated:
08.07.2021
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