S.C.Munusamy v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.C.Munisamy
...Petitioner
Vs.
1.
The District Collector, Office of Collectorate, Krishnagiri, Krishnagiri District.
2.
The Tahsildar, Office of Tahsildar, Denkanikkottai Taluk, Krishnagiri District.
3.
Sri Thedu Temple, Thottinayakkam Patti, Krishnagiri.
(R3 impleaded, vide order dated 29.03.2019 made in WMP.No.10230 of 209 in WP.No.4966 of 2019) ...Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to issue patta in the name of the petitioner for the property admeasuring 1.5 acres comprised in Survey No.12, Sooligunda Village, Thenkanikkottai Taluk, Krishnaigri District based on his representation to the 2nd respondent dated 31.01.2018. 1/5
For Petitioner : Mr.P.Satheesh Kumar For Respondents : Mr.U.Baranidharan, AGP, for R1 & R2 : Not ready notice, for R3
O R D E R
This Writ petition has been filed seeking direction to the 2nd respondent to consider the petitioner's representation dated 31.01.2018 and to consequently issue patta in the name of the petitioner in respect of the property admeasuring 1.5 acres comprised in Survey No.12, Sooligunda Village, Thenkanikkottai Taluk, Krishnaigri District.
2. The case of the petitioner is that, the petitioner is the absolute owner of the property admeasuring 1.5 acres comprised in Survey No.12, Sooligunda Village, Thenkanikkottai Taluk, Krishnaigri District and the same was purchased by the petitioner from one Muniyappan and two others, vide registered sale deed dated 02.06.1986 bearing Doc.No.443 of 1986. Pursuant to the same, the petitioner approached the 2nd respondent seeking issuance of patta in respect of the above said property by making a representation dated 31.01.2018, which evoked no response. Thereby, the 2/5
petitioner's son also made a representation dated 05.09.2018 to the 2nd respondent seeking transfer of patta to the petitioner's name by making sub divisions, however, till date, no orders have been passed on the said representations. Hence, this Writ petition.
3. Though very many grounds have been raised, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the 2nd respondent to consider the petitioner's representation dated 31.01.2018 and the subsequent representation dated 05.09.2018 made by the petitioner's son and to consequently issue patta in the name of the petitioner in respect of the property admeasuring 1.5 acres comprised in Survey No.12, Sooligunda Village, Thenkanikkottai Taluk, Krishnaigri District.
4. Learned Additional Government Pleader appearing for the 1st and 2nd respondents submitted that, appropriate orders will be passed on the petitioner's representation within the time stipulated by this Court.
5. In view of the aforesaid submissions, this court without going into the merits of the case, directs the petitioner to send a copy of his 3/5
representation dated 31.01.2018 to the 1st and 2nd respondents along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the 2nd respondent shall consider the same on merits and in accordance with law and pass appropriate orders within a period of four weeks thereafter, after conducting proper enquiry, by affording an opportunity of personal hearing to the petitioner, the 3rd respondent and other aggrieved persons, if any.
6. With the above directions, this Writ petition stands disposed of. No costs.
06.08.2024 skt NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No To 1.
The District Collector, Office of Collectorate, Krishnagiri, Krishnagiri District.
2.
The Tahsildar, Office of Tahsildar, Denkanikkottai Taluk, Krishnagiri District.
4/5
M.DHANDAPANI, J.
skt 06.08.2024 5/5