Madras High Court
Venkatachalam vs The District Collector on 18 April, 2022
W.P.(MD).No.20908 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.04.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
W.P.(MD).No.20908 of 2021
Venkatachalam ... Petitioner
Vs.
1.The District Collector,
Kanyakumari District,
Collector's Office,
Nagercoil,
Kanyakumari District.
2.The Tahsildar,
Aagastheeswaram Taluk,
Collector's Office Campus,
Nagercoil,
Kanyakumari District. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the second
respondent to correct the revenue records subject to the property measuring
7.30 Acre in Old Survey No.222/9 (Resurvey No.35/8 extent of 0.85.5 ares and
Resurvey No.35/9 extent of 2.10.5 Hectares) situated at Leepuram Village,
Agasteeswaram Taluk, Kanyakumari District and subsequently to grant patta in
the petitioner's name regarding the said property based on petitioner's
representation dated 14.10.2021.
1/6
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W.P.(MD).No.20908 of 2021
For Petitioner : Mr.G.Kannan
For Respondents : Mr.B.Saravanan,
Additional Government Pleader.
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction
to the second respondent to correct the revenue records in respect of the
property measuring 7.30 acres in Old Survey No.222/9 (Re-survey No.35/8
extent of 0.85.5 ares and Re-survey No.35/9 extent of 2.10.5 Hectares) situated
at Leepuram Village, Agasteeswaram Taluk, Kanyakumari District and
subsequently to grant patta in the name of the petitioner based on the
petitioner's representation dated 14.10.2021 within a time frame to be fixed by
this Court.
2. The petitioner claims that he is entitled for patta pursuant to a
judgment and decree dated 24.01.2019 passed in S.A.No.SR24311 of 2002 by
this Court. According to the petitioner, O.S.No.540 of 1986 was filed by the
petitioner's family members before the Additional District Munsif Court,
Nagercoil seeking for declaration of their title for the aforementioned property.
The said suit came to be dismissed on 26.04.1999. Aggrieved by the same, the
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W.P.(MD).No.20908 of 2021
petitioner's family members preferred an appeal in A.S.No.9 of 2000 before the
Additional Sub Court, Nagercoil and the same was allowed on 29.11.2000
reversing the judgment and decree of the Trial Court. The respondents
thereafter preferred a Second Appeal before this Court and the said Second
Appeal in S.A.No.SR24311 of 2002 came to be dismissed by this Court on
24.01.2019. Therefore, according to the petitioner, his title over the subject
property has been declared by the Civil Court and he is the absolute owner. In
such circumstances, he has submitted a representation dated 14.10.2021
seeking for correction of the revenue records for the aforementioned property
and for issuance of patta in his name. Since the said representation has not
been considered till date, he has filed this Writ Petition.
3. Heard Mr.G.Kannan, learned counsel for the petitioner and
Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice
on behalf of the respondents.
4. The learned Additional Government Pleader appearing for the
respondents, on instructions, would submit that the petitioner's representation
has already been forwarded by the second respondent to the first respondent for
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W.P.(MD).No.20908 of 2021
further action. He would further submit that since a final call will have to be
taken by the Land Administration Department, which is at Chennai, sufficient
time is required for the respondents to consider the petitioner's representation
on merits and in accordance with law. He would also submit that a minimum of
one year period is required for considering the petitioner's representation.
5. Learned counsel for the petitioner has also not raised any serious
objection for the time sought for by the learned Additional Government Pleader.
6. No prejudice would be caused to the respondents, if the petitioner's
representation is considered on merits and in accordance with law within a
period of one (1) year from the date of receipt of a copy of this order after
affording a fair hearing to the petitioner and other necessary parties.
7. For the foregoing reasons, this Court directs the second respondent to
consider the petitioner's representation dated 14.10.2021 requesting the second
respondent to correct the revenue records pertaining to the property measuring
7.30 acres in Old Survey No.222/9 (Re-survey No.35/8 extent of 0.85.5 ares
and Re-survey No.35/9 extent of 2.10.5 Hectares) situated at Leepuram Village,
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W.P.(MD).No.20908 of 2021
Agasteeswaram Taluk, Kanyakumari District and subsequently to grant patta in
the name of the petitioner and pass final orders on merits and in accordance
with law, after affording a fair hearing to the petitioner including granting him
the right of personal hearing, within a period of one (1) year from the date of
receipt of a copy of this order.
8. With the aforesaid direction, this Writ Petition is disposed of. There
shall be no order as to costs.
18.04.2022
Index : Yes / No
Internet : Yes/ No
Lm
To
1.The District Collector,
Kanyakumari District,
Collector's Office,
Nagercoil,
Kanyakumari District.
2.The Tahsildar,
Aagastheeswaram Taluk,
Collector's Office Campus,
Nagercoil,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20908 of 2021
ABDUL QUDDHOSE,J.
Lm
W.P.(MD).No.20908 of 2021
18.04.2022
https://www.mhc.tn.gov.in/judis
