Pappathi v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.2745 of 2023 Pappathi ....

Petitioner -Vs1.The District Revenue Officer Namakkal District, Namakkal.

2.The Revenue Divisional Officer Namakkal.

3.The Tahsildar Senthamangalam Taluk Namakkal District.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to issue patta in favour of the petitioner for the land in Survey No.391/1, Punja land to extent of 35 cents situated at Pottireddipadi Village, Senthamangalam Taluk, Namakkal District.

For Petitioner : Mr.Ali Hassan Khan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 3rd respondent to issue patta in favour of the petitioner for the land in Survey 1 / 4

No.391/1, Punja land to extent of 35 cents situated at Pottireddipadi Village, Senthamangalam Taluk, Namakkal District.

2. In respect of the property situated at Survey No.391/1, Punja land to the extent of 35 at Pottireddipadi Village, Senthamangalam Taluk, Namakkal District, it is the claim of the petitioner that, it was originally Ryotwari land and it was purchased by the grandfather of the petitioner. Since then, he had been in possession and enjoyment of the property and subsequently by father and presently the petitioner. Therefore, for the said land the petitioner sought for patta and has given a representation dated 11.12.2022, and to consider the said representation and to pass orders, the petitioner has filed the present writ petition.

3. Heard Mr.Ali Hassan Khan, learned counsel for the petitioner and Mr.Yogesh Kannadasan learned Special Government Pleader for the respondents.

4. Learned Special Government Pleader would submit that whether the petitioner has got title over the property is to be enquired, because he claims that he has been in possession and enjoyment of the property for the last more than 30 years and how he got title to this property if at all he purchased the property from his predecessor-in title and whether the predecessor-in-title had 2 / 4

really got the title over the property or not has to be enquired into and then only the plea of the petitioner would be considered and decided. Hence, at any rate the representation of the petitioner dated 11.12.2022 would be considered and decided by the respondents within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Special Government Pleader and taking into consideration the factual matrix of the case, this Court is inclined to dispose of this writ petition with the following order. "That there shall be a direction to the 3rd respondent to consider the representation dated 11.12.2022 submitted by the petitioner and after due enquiry, pass necessary orders thereon on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order."

6. With the above directions, this writ petition is disposed of. No costs. 03.02.2023 Index : Yes/No Speaking Order / Non-speaking order KST R. SURESH KUMAR, J.

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KST To 1.The District Revenue Officer Namakkal District, Namakkal.

2.The Revenue Divisional Officer Namakkal.

3.The Tahsildar Senthamangalam Taluk Namakkal District.

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