Adityan.R v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.4474 of 2022 W.M.P.No.4596 of 2022 1.Adityan 2.Vasudevan ... Petitioners Vs.
1. The District Collector, O/o. The District Collector, Cuddalore -Post & District.
2. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Cuddalore-Post & District.
3. The Tahsildar, Cuddalore Taluk Office, Cuddalore-Post & District.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to issue patta relating to the land and building situated in Grama Natham Survey No.5 to an extent of 1590 Sq.Ft. at Sankolikuppam Village, Sedapalayam-Revenue Village, Cuddalore-District pertaining to the registered Will in Document No.39 of 1992 on the file of Joint Sub Registrar No.II, Cuddalore dated 23.05.1992 based on the representation dated 30.11.2021.
For petitioners : Mr.D.Veerasekaran For Respondents : Mr.G.Nanmaran Special Government Pleader
ORDER
The petitioners have filed this petition seeking direction to the third respondent to issue patta relating to the land and building situated in Grama Natham Survey No.5 to an extent of 1590 Sq.Ft. at Sankolikuppam Village, Sedapalayam-Revenue Village, Cuddalore-District pertaining to the registered Will in Document No.39 of 1992 on the file of Joint Sub Registrar No.II,
Cuddalore dated 23.05.1992 based on the representation dated 30.11.2021.
2. Mr.G.Nanmaran, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioners is that petitioners are owners of the property comprised under Grama Natham Survey No.5 to an extent of 1590 Sq.Ft situated at Sankolikuppam Village, Sedapalayam-Revenue Village, Cuddalore District. Originally, the property is owned by their great grand-father and subsequently, petitioners acquired the property by way of Registered Will dated 23.05.1992, in Document No.39 of 1992 on the file of the Joint II Sub Registrar, Cuddalore. Hence, petitioners have made a representation on 30.11.2021 before the third respondent for issuance of Patta for the above said property. However, till date no action has been taken by the respondents on the representation made by the petitioners. Hence, the present Writ Petition has been filed by the petitioners for the above relief.
4. Though very many grounds have been raised, learned counsel for the petitioners submitted that it would suffice if this Court directs the third respondent to consider the petitioner's representation dated 30.11.2021 within the time frame that may be fixed by this Court.
5. The learned Special Government Pleader appearing for the respondents submits that the petitioner's representation dated 30.11.2021 will be considered by the third respondent within the time frame that may be fixed by this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner's representation dated 30.11.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the aggrieved persons.
7. Accordingly, this writ petition is disposed of with the aforesaid direction.
No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
tri/nhs To
1. The District Collector, O/o. The District Collector, Cuddalore -Post & District.
2. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Cuddalore-Post & District.
3. The Tahsildar, Cuddalore Taluk Office, Cuddalore-Post & District.
4. The Joint Sub Registrar No.II, Cuddalore.
+1cc to Mr.D.Veerasekaran, Advocate, S.R.No.13324 +1cc to the Government Pleader, S.R.No.4170 W.P.No.4474 of 2022 & W.M.P.No.4596 of 2022 KK(CO) CT 18/03/2022