A.Selvarasu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No.2877 of 2022 A.Selvarasu
...Petitioner
-vs1. The District Collector, Office of the District Collector, Cuddalore District, Cuddalore - 607 001.
2. The Divisional Revenue Officer, Office of the Divisional Revenue Officer, Virudhachalam, Cuddalore District - 606 001.
3. The Tahsildar, Thittakudi Taluk Office, Thittakudi, Cuddalore District - 606 106.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 3rd respondent to issue individual patta to petitioner's property bearing Survey No.152/1A for the extent of 0.41.0 ares, on considering my representation dated 31.01.2022 within a time frame fixed by this Court.
For Petitioner : Mr.M.Kavikannan For Respondents : Mr.T.Chezhiyan Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 3rd respondent to issue individual Patta to the petitioner's property bearing Survey No.152/1A of an extent of 0.41.0 acres, by considering the petitioner's representation dated 31.01.2022 within a time frame that may be fixed by this Court.
2. The case of the petitioner is that the petitioner and his brother, by way of partition deed, registered the property in Thittakudi Sub Registrar Office vide Document No.1213/2001 dated 19.12.2001. Thereafter the petitioner's brother sold one part of his property bearing Survey No.152/1 in favour of one Mr.Chinnasamy. The petitioner's brother's property bearing Survey No.152/1B of an extent of 0.34.73 acres, having individual Patta No.963 and the above stated purchaser Mr.Chinnasamy's property bearing Survey No.152/1C of an extent of 0.6.27 acres having another individual Patta No.964 for their own properties. The grievance of the petitioner is that the above stated purchaser Mr.Chinnasamy's name was included in Joint Patta of the petitioner's property bearing Survey No.152/1A of an extent of 0.41.0 acres.
Thereafter, the petitioner has approached the Village Administration Officer, Pothiramangalam Revenue Village (East) and he made online application before the 3rd respondent to remove the name of Mr.Chinnasamy and issue individual Patta in his name, and the same was rejected on 03.11.2021 without any valid reason. Thereafter, the petitioner made another representation dated 31.01.2022 before the 3rd respondent. However, till date no order has been passed. Hence, he filed this Writ Petition.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 3rd respondent to consider the petitioner's representation dated 31.01.2022 and pass orders on the same within a particular time that may be fixed by this Court.
4. Mr.T.Chezhiyan, learned Additional Government Pleader appearing for the respondents have no objection for said order being passed.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 3rd respondent to consider the petitioner's representation dated 31.01.2022 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after providing opportunity of hearing to the petitioner and aggrieved person, if any.
6. Accordingly, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jd/nhs To
1. The District Collector, Office of the District Collector, Cuddalore District, Cuddalore - 607 001.
2. The Divisional Revenue Officer, Office of the Divisional Revenue Officer, Virudhachalam, Cuddalore District - 606 001.
3. The Tahsildar, Thittakudi Taluk Office, Thittakudi, Cuddalore District - 606 106.
+2 Ccs to Mr.Kavikannan, Advocate sr 10873.
+1 CC to The Government Pleader sr 11577.
W.P. No.2877 of 2022 GJ(CO) SP(15/03/2022)