Madras High Court
Sailanathan vs The District Revenue Officer on 10 November, 2023
W.P.(MD)No.9910 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.9910 of 2021
Sailanathan ... Petitioner
Vs
1.The District Revenue Officer,
District Revenue Office, Thoothukudi,
Thoothukudi District.
2.The Revenue Divisional Officer,
Thiruchendur,
Thoothukudi District.
3.The Tahsildar,
Sathankulam Taluk,
Thoothukudi District.
4.Durairaj
5.Saroja ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the third respondent to
change the patta in the petitioner’s name in respect of the properties
situated in S.Nos.82/1B2 and 82/1B3, Naduvankurichi Village,
Santhankulam Taluk, Thoothukudi District in the light of the decree passed
in O.S. No. 401/ 2013, dated 30.06.2014, on the file of the learned Sub
Judge, Thoothukudi.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.9910 of 2021
For Petitioner : Mr.R.Maheswaran
For R-1 to R-3 : Mr.B.Saravanan,
Additional Government Pleader
For R-4 & R-5 : No Appearance
ORDER
This Writ Petition has been filed for the issue of writ of
mandamus directing the third respondent to change the patta in the name of
the petitioner with respect to the subject properties in the light of
Judgment and Decree passed in O.S.No.401/2013, dated 30.06.2014, by
the learned Sub Judge, Thoothukudi.
2. The case of the petitioner is that the impleaded fourth and
fifth respondents were claiming a right over the subject property and
hence, the petitioner had filed a suit in O.S.No.401/2013 on the file of the
Sub Court, Thoothukudi, for the relief of declaration and permanent
injunction. This suit was decreed by Judgment and Decree dated
30.06.2014. Thereafter, the petitioner made an application before the third
respondent for change of patta in the name of the petitioner by taking note
of the Decree passed by the Civil Court. Since the same was not acted
upon, the present writ petition has been filed before this Court.
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W.P.(MD)No.9910 of 2021
3. The third respondent has filed a counter affidavit. The
relevant portion in the counter affidavit is extracted hereunder:
“4. It is respectfully submitted that in view
of the decree obtained by the Petitioner herein
establishing his title over the property, it is
inevitable the Revenue machinery should also
effect necessary changes in the revenue records.
But insofar as the Revenue records are
concerned, in the A register culled out on the
completion of the settlement under Updating
Registry, an 0.40.5 hectares of land comprising
in S.No. 82/182 Naduvakurichi Village stood
registered in the name of one M.Singarasu and
an extent of 0.44.0 hectares of land comprising in
S.No. 82/1B3 registered in the name of the said
M.Singarasu under Patta No. 394. In the recent
computer chitta in respect of S.No. 82/1B2, the
names of (1) Durairaj, s/o Singaraj, the ajar
pattadar; (2) Saroja, W/o Siluvai; (3) John D.
Britto, s/o Maria Gana Pokkisa Nadar; (4)
Packinj, s/o Philips Alex; (5) Saral, W/
Packiaraj; (6) Thilagarani, w/o Chandrasekar,
(7) Indirani, W/o Rajaya; (8) Tirunavukarasu,
S/o Dharumaya; and (9) Anthony Ammal, W/o
Edward under patta No. 2886 was found.
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W.P.(MD)No.9910 of 2021
Inasmuch as the name of the mother of the
Petitioner was not found in the settlement under
Updating Registry, the only remedy available to
the Petitioner herein to approach the District
Revenue Officer, Thoothukudi the competent
officer to make correction in the updating
settlement record to enable the 3rd Respondent to
transfer patta in his name in terms of
G.O.M.S.No.385, Revenue (General I)
Department dated 17.08.2004. In the instructions
issued by the Director of Survey and Settlement
in D.O.RoC.12/6613/2017, dated 13.02.2020 it
has been clearly stated that the District Revenue
Officers alone are competent to issue orders
correcting errors inadvertently crept into records
at the time of settlement under Updating Registry.
Hence, the petitioner was directed to approach
the District Revenue Officer, Thoothukudi, vide
Roc.A3/3753/2020, dated 01.03.2021. The
Village Administrative Officer, Naduvakurichi
Village has also stated that Tmt.Saroja has also
filed IA petitions in I.A.Nos.562 and 563 of 2017
and the same is pending on the file of the learned
Sub Court, Tiruchendur.
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W.P.(MD)No.9910 of 2021
4. Heard the learned counsel on either side.
5. It is clear from the counter affidavit filed by the third
respondent that during the Updating Registry (UDR), some errors have
crept in the revenue records and as a result, insofar as Survey No.82/1B2,
the names of nearly nine persons have been entered in Patta No.2886.
Insofar as Survey No.82/1B3, the names of eight persons have been
entered in the revenue records in Patta No.2886. Among the names
entered, the names of the fourth and fifth respondents are also found. A
specific stand has been taken by the third respondent that this had
happened during the UDR and therefore, only the District Revenue Officer
can make necessary changes by correcting the error.
6. In the light of the above stand taken by the third
respondent, the relief as sought for by the petitioner cannot be granted by
this Court. Therefore, there shall be a direction to the petitioner to make
an application before the first respondent and seek for correcting the
mistakes that had crept in during the UDR with respect to Survey Nos.
82/1B2 and 82/1B3. Insofar as the fourth and fifth respondents are
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W.P.(MD)No.9910 of 2021
concerned, it is left open to the petitioner to rely upon the Civil Court
Decree that was passed. On receipt of the application, the first respondent
shall issue notice to all the interested parties and conduct an enquiry and
pass final orders. This process shall be completed by the first respondent
within a period of four (4) months from the date of receipt of the
representation / application from the petitioner. Depending upon the order
passed by the District Revenue Officer, the petitioner can follow it up by
seeking for patta in his name with respect to the subject properties. The
petitioner while making the representation / application shall also annex all
the relevant documents and also a copy of this order.
7. This Writ Petition is disposed of with the above
directions. No costs.
10.11.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
To
1.The District Revenue Officer,
District Revenue Office, Thoothukudi,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.9910 of 2021
2.The Revenue Divisional Officer,
Thiruchendur,
Thoothukudi District.
3.The Tahsildar,
Sathankulam Taluk,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.9910 of 2021
N.ANAND VENKATESH, J.
tsg
W.P.(MD)No.9910 of 2021
10.11.2023
https://www.mhc.tn.gov.in/judis
