Sakkamma v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.6134 of 2023 and W.M.P.No.6156 of 2023 1.Sakkamma 2.Chikkamuniyamma 3.Seethamma 4.Lakshmamma 5.Muniyamma ...
Petitioners -Vs1 The State of Tamil Nadu Rep by the Principal Secretary to Government Department of Revenue Fort St. George Chennai- 600 009.
2 The District Collector Krishnagiri Krishnagiri District.
3 The Revenue Divisional Officer Hosur Krishnagiri District.
4 The Tahsildar Hosur Krishnagiri District.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 4th respondent to carry out name transfer from the name of Petitioners father late Kasigan into their names and all other legal heirs and to issue joint patta to all of them pertaining to the dry land having an extent of 3 acres comprised in Survey no.519 (3 acres) situate in kothakondapalli village Hosur Taluk Krishnagiri district. 1 / 4
For Petitioner : Mr.Secular S.Arunkumar For Respondents : Mr.P.Sathish Additional Government Pleader
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the 4th respondent to carry out name transfer from the name of Petitioners father late Kasigan into their names and all other legal heirs and to issue joint patta to all of them pertaining to the dry land having an extent of 3 acres comprised in Survey no.519 (3 acres) situate in kothakondapalli village Hosur Taluk Krishnagiri district.
2. It is the claim of the petitioner that the property in question ie., Survey no.519 (3 acres) situate in kothakondapalli village Hosur Taluk Krishnagiri district, has been assigned to the petitioner's father one Kasigan, who after having received that assignment had settled the property in favour of the petitioner in the year 1988, who claimed to be the legal heir of the said Kasigan and since then the petitioner claims to be in possession and enjoyment of the property. When that being so, the land in question has been converted as DC land in the land records and in order to rectify the same and to issue patta in the name of the petitioner or transferring the patta in the name of the petitioner he has given a representation dated 02.09.2022 to the revenue authorities viz., the Revenue Divisional Officer, the District Collector as well as the Tahsildar. In order 2 / 4
to consider the said representation and to pass orders thereon on merits within a time frame, the petitioner has moved the present writ petition with the aforesaid prayer.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
4. Learned Additional Government Pleader would submit that the said representation of the petitioner dated 02.09.2022 would be considered by the 4th respondent and an order to that effect would be passed within a time frame that may be stipulated by this Court.
5. Considering the said submission made by the learned Additional Government Pleader, this Court is inclined to dispose of this writ petition with a direction to the 4th respondent Tahsildar to consider the representation of the petitioner dated 02.09.2022 and pass orders thereon on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
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R. SURESH KUMAR, J.
KST
6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02.03.2023 1/2 Index : Yes/No Speaking Order / Non-speaking order KST To 1 The Principal Secretary to Government Department of Revenue Fort St. George Chennai- 600 009.
2 The District Collector Krishnagiri Krishnagiri District.
3 The Revenue Divisional Officer Hosur Krishnagiri District.
4 The Tahsildar Hosur Krishnagiri District.
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