S.C.Venkatesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3394 of 2025 S.C.Venkatesh ..Petitioner Vs.

1. The District Collector,

2. The Revenue Divisional Officer, Coimbatore North,

3. The Deputy Tahsildar, Coimbatore North, Anupparpalayam, Dr. Balasundaram Road,

4. The Town Sub-Inspector of Survey, Land Survey, West Zone, Coimbatore Corporation,

5. C.Mathiarasan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to issue a patta in 1/6

the name of the petitioner based upon the order passed by the 2nd respondent herein in vide its order dated 31.12.2024 passed in Mu.No.5657/2023/A2 pertaining to property situated at Coimbatore Taluk, Telungupalayam Village, bearing S.F.No.411/1A1 Part measuring to an extent of 0.75 1⁄2 acres (Punjai Hector 0.30.56) based on petitioner's application dated 02.01.2025 within the time frame fixed by this Court.

For Petitioner : Mr.R.T.I.Chandar For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R4

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 3rd respondent to issue patta in the name of the petitioner based on the proceedings of the 2nd respondent dated 31.12.2024 pertaining to the subject property.

2.

Heard Mr.R.T.I.Chandar, learned counsel for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for Respondents 1 to 4.

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3.

The petitioner is claiming right over the subject property through a registered sale deed dated 20.04.2009. Initially, patta stood in the name of the petitioner. The same came to be cancelled by virtue of an application that was submitted by the 5th respondent. The order that was passed by the RDO dated 20.02.2016 in this regard was put to challenge in WP No.20040 of 2016 before this Court. This writ petition was allowed by an order dated 15.03.2021. The order passed in the writ petition was subsequently confirmed in WA No.1755 of 2021 by order dated 17.08.2023.

4.

Pursuant to the above orders, the RDO through proceedings dated 31.12.2024 directed patta to be issued in favour of the petitioner and to make necessary chances in the revenue records. This was not acted upon by the 3rd respondent and aggrieved by the same, the present writ petition has been filed before this Court.

5.

Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the 3rd respondent to act upon the proceedings of the RDO, Coimbatore, dated 3/6

31.12.2024 and issue patta in the name of the petitioner with respect to the subject property and also carry out the necessary entries in the revenue records. This process shall be completed by the 3rd respondent within a period of four weeks from the date of receipt of the copy of this order. 6.

This writ petition is disposed of with the above directions. No costs.

06.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka To

1. The District Collector, 4/6

2. The Revenue Divisional Officer, Coimbatore North,

3. The Deputy Tahsildar, Coimbatore North, Anupparpalayam, Dr. Balasundaram Road,

4. The Town Sub-Inspector of Survey, Land Survey, West Zone, Coimbatore Corporation, N. ANAND VENKATESH, J.

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