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Madras High CourtWP/4527/2020disposed of

K.Krishnasamy, v. The District Collector,

2021-07-01Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No. 4527 of 2020 K. Krishnasamy

...Petitioner

Vs 1.The District Collector, Coimbatore District.

2.District Revenue Officer, Perur Taluk, Coimbatore.

3.The Tahsildar, Taluk Office, Peruru Taluk, Coimbatore District

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to dispose the petitioner's representation dated 31.12.2018 to issue patta in respect of Nattham Old Survey No. 536/A3 New Survey No.997/2011 to an extent of 278 sq.mt. Thondamuthur Village, Perur Taluk, Coimbatore District. For petitioner :

Mr. J. Pranklin For respondents :

Mr. Yogesh Kannadasan, Government Advocate

ORDER

This writ petition has been filed seeking a direction to the 3rd respondent to dispose the petitioner's representation dated 31.12.2018.

2. According to the petitioner, in the year 2000, the petitioner's father has purchased the property in Old Survey No.536/A3, New Survey No.997/2011, Thondamuthur Village, Perur Taluk, Coimbatore District, which is classified as Nattham land. Thereafter, the petitioner's father and his family members are in possession and enjoyment of the property. Subsequently, on 29.08.2006, the petitioner's father died. After that, on 31.12.2018, the petitioner has made a representation before the 3rd respondent seeking for patta. Based on that application, the Tahsildar directed the Reveue Inspector and the Village https://hcservices.ecourts.gov.in/hcservices/

Administrative Officer to conduct enquiry and submit report. According to the petitioner, enquiry was conducted by them and report was also submitted, however, no order has been passed. Hence, the present writ petition has been filed.

3. Earlier, when the matter was taken up for hearing, it was represented that enquiry was fixed by the Tahsildar on 05.03.2020 at 4.00 p.m., and hence, the matter was adjourned. Today, when the matter is taken up for hearing, the learned Government Advocate submitted that he is not in a position to say whether enquiry was completed or not.

4. Considering the facts and circumstances of the case and already has been commenced, and the petitioner's representation is pending with the third respondent/Tahsildar from the year 2018, the third respondent is directed to consider the petitioner's representation and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner as well as other interested parties, if any, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar mrp To 1.The District Collector, Coimbatore District.

2.The District Revenue Officer, Perur Taluk, Coimbatore.

3.The Tahsildar, Taluk Office, Peruru Taluk, Coimbatore District +1cc to the Government Pleader, S.R.No.30840 W.P. No. 4527 of 2020 GPL(CO) RVM(20/07/2021) https://hcservices.ecourts.gov.in/hcservices/