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Madras High CourtWP/4282/2024disposed of

Prabhakaran v. The District Collector

2024-02-22Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 Prabhakaran ... Petitioner Vs.

1. The District Collector Salem District, Salem.

2. The Revenue Divisional Officer Salem, Salem District

3. The Tahsildar Salem West, Salem District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents 1 and 2 to issue separate Patta in favour of the petitioner for the land comprised in Old Survey No.11/1 and new Survey No.11/12 to an extent of 1426 Sq.ft. at Sargar Gollapatti Village, Salem West, Salem District in pursuance of the petitioner's representation dated 01.06.2023. For Petitioner : Mr.C.Deepak Kumar For Respondents : Mr.T.Arun Kumar Additional Government Pleader 1/6

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents 1 and 2 to issue separate Patta in favour of the petitioner for the land comprised in Old Survey No.11/1 and New Survey No.11/12 to an extent of 1426 Sq.ft. at Sargar Gollapatti Village, Salem West, Salem District in pursuance of the petitioner's representation dated 01.06.2023.

2. The learned counsel for the petitioner submitted that the petitioner's father was granted Natham Patta No.244 for the subject property in on 29.06.1995 to an extent of 0.0395 Sq.Mtr. Thereafter, on 30.08.2022, the petitioner's father executed a settlement deed vide document No.6886/2022 on the file of the SRO, Sooramangalam, in favour of the petitioner. Hence, the petitioner made a representation dated 01.06.2023 through RPAD seeking to issue separate Patta in his favour. However, so far, the same has not been considered. Hence, the present Writ Petition is filed.

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3. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the respondents to consider the petitioner's representation dated 01.06.2023 and issue notice to the petitioner and to the adjacent land owners of the four boundaries of the subject property and also to the interested parties/rival claimants/objectors/aggrieved parties if any, as the case may be and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

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5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 22.02.2024 (3/3) ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The District Collector Salem District, Salem.

2. The Revenue Divisional Officer Salem, Salem District

3. The Tahsildar Salem West, Salem District 5/6

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 22.02.2024 (3/3) 6/6