P.Rani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.703 of 2023 P.Rani ....
Petitioner -Vs1.The District Collector Dharmapuri District.
2.The District Revenue Officer Dharmapuri District.
3.The Tahsildar Nallampalli Taluk Dharmapuri District.
4.The Village Administrative Officer Nagarkoodal Village Dharmapuri District.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to dispose of the petitioner application dated 10.10.2022 for patta name transfer for the lands in Survey No.91 and 95 situated at Nagarkoodal Village (PO), Nallampalli Block, Dharmapuri District, within a stipulated time as fixed by this Hon'ble Court on merits.
For Petitioner : Mr.Krishnasamy Chinnasamy For Respondents : Mr.R.P.Muruganraja Government Advocate 1 / 4
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents to dispose of the petitioner application dated 10.10.2022 for patta name transfer for the lands in Survey Nos.91 and 95 situated at Nagarkoodal Village (PO), Nallampalli Block, Dharmapuri District, within a stipulated time as fixed by this Hon'ble Court on merits.
2. In respect of the land at S.Nos.91 and 95 situated at Nagarkoodal Village (PO), Nallampalli Block, Dharmapuri District, it is claim of the petitioner that, the petitioner and other co owners are also the owners of the property insofar as the share of one Rajammal and Vediyappan who is none other than the parents of the petitioner. Therefore, in order to have a joint patta in the name of the legal heirs of Rajammal, including the petitioner along with the legal heirs of Kaveri Gounder, the petitioner had given a representation on 10.10.2022 to the respondents ie., the 1st respondent / District Collector to conduct an enquiry and issue a joint patta in respect of the land in question. The said representation since has not been considered, the petitioner has moved the present writ petition.
3. Heard the learned counsel for the petitioner and Mr.R.P.Muruganraja, 2 / 4
learned Government Advocate appearing for the respondents.
4. Learned Government Advocate would submit that, the representation since has been given only to the District Collector, he cannot consider the said application. Therefore, it is for the petitioner to make an application to the 3rd respondent who is the Tahsildar and if he makes such an application, that would be considered on merits and in accordance with law within a time frame that may be stipulated by this Court.
5. Considering the said submissions made by the learned Government Advocate, this Court is inclined to dispose of this writ petition with the following order.
"That it is open for the petitioner to make an application to the 3rd respondent Tahsildar, who on receipt of the same, shall consider and pass orders thereon on merits and in accordance with law after hearing the petitioner and other co-owners or any other persons who claim right over the property and accordingly necessary orders to be passed within a period of eight weeks from the date of receipt of such application."
3 / 4
R. SURESH KUMAR, J.
KST
6. With the above directions, this writ petition is disposed of. No costs. 11.01.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 1.The District Collector Dharmapuri District.
2.The District Revenue Officer Dharmapuri District.
3.The Tahsildar Nallampalli Taluk Dharmapuri District.
4.The Village Administrative Officer Nagarkoodal Village Dharmapuri District.
W.P.No. 703 of 2023 4 / 4