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Madras High CourtWP/6345/2023disposed of

Dr.R.Sathyamoorthy v. The District Collector

2023-03-03Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR 1.Dr.R.Sathyamoorthy 2.M.K.S.Santhrasekaran 3.K.J.Suresh 4.J.Jegadeesh ... Petitioners Vs 1.The District Collector, Collector's Office, Erode - 11.

2.The Sub Collector, The Sub Collector's Office, Sathyamangalam - Erode Main Road, Gobichettipalayam, Erode District - 638 452.

3.The Tahsildar, Taluk Office,Sathyamangalam Taluk, Erode District - 638 402.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondent to consider the representation dated 16.09.2022 made by the petitioners for the purpose of issuing patta in the name of the petitioners for the land comprised in S.F.No.211/17 of Makkinakombai Village, Sathyamangalam Taluk, Erode District.

For Petitioners : Mr.M.Roshan Atiq For Respondents : Mr.R.P.Muruganraja Government Advocate 1/4

O R D E R

The prayer sought for herein is for a writ of mandamus directing the 3rd respondent to consider the representation dated 16.09.2022 made by the petitioners for the purpose of issuing patta in their names for the land comprised in S.F.No.211/17 of Makkinakombai Village, Sathyamangalam Taluk, Erode District.

2. In respect of natham land at S.F.No.211/17 situated at Makkinakombai Village, Sathyamangalam Taluk, Erode District, it is the claim of the petitioners that the petitioners had been in possession and enjoyment of the property for long time, therefore seeking patta for the said natham land, the petitioners have given representation on 16.09.2022 to the 3rd respondent Tahsildar and in order to consider the said application and to pass orders within a time frame on merits, the petitioners seek indulgence of this Court.

3. Heard the learned counsel appearing for the petitioners and Mr.R.P.Muruganraja, learned Government Advocate appearing for the respondents.

4. The learned Government Advocate for the respondents would 2/4

submit that if at all any patta is sought for, application should be made only to the District Collector, hence let the petitioners make their application to the 1st respondent District Collector and in that case that would be considered by the 1st respondent within a time frame.

5. Considering the said submission made by the learned Government Advocate for the respondents, this Court directs the petitioners to give application to the 1st respondent District Collector within a period of two weeks from the date of receipt of a copy of this order and on receipt of such application from the petitioners, the same shall be considered and decided by the 1st respondent District Collector on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6. With this direction, this Writ Petition is disposed of. No costs. 03.03.2023 Index : Yes / No Speaking Order : Yes / No Sgl 3/4

R.SURESH KUMAR, J.

Sgl To 1.The District Collector, Collector's Office, Erode - 11.

2.The Sub Collector, The Sub Collector's Office, Sathyamangalam - Erode Main Road, Gobichettipalayam, Erode District - 638 452.

3.The Tahsildar, Taluk Office, Sathyamangalam Taluk, Erode District - 638 402.

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