S.Syed Abdul Kalam Azad v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 6808 OF 2025

1. S.Syed Abdul Kalam Azad S/o.Late.H.R.Syed Sadullah, No.7/1e, Kalkuthirai Thakka Street, 2.S.Syed Saleem S/o.Late.H.R.Syed Sadullah, No.45/1, Kalkuthirai Thakka Street, 3.H.R.S.Arfath @ Humayoon Kabeer S/o.Late.H.R.Syed Sadullah, No.41/a, Kalkuthirai Thakka Street, 4.Syed Afzal S/o.Late.H.R.Syed Sadullah, No.43/1a, Kalkuthirai Thakka Street, Petitioner(s) Vs

1. The District Collector Thiruvannamalai District, 2.The District Revenue Officer Thiruvannamalai District, 3.The Revenue Divisional Officer Thiruvannamalai, 4.The Tahsildar Thiruvannamalai Taluk, Thiruvannanamalai Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to issue patta to the petitioners for the lands measuring 1.85 acres in T.s.No.1802/1 and 1802/2 situated at Tiruvannamalai Town Taluk and District based on the Decree dated 19.10.1931 passed in O.s.No.908 of 1929 on the file of the District Munsif court, Tiruvannamalai and Decree dated 22.12.1998 passed in O.S.No.1165/1990 on the file of the Addl.District Munsif court, Tiruvannamalai within a stipulated period For Petitioner(s):

K. GOVI GANESAN S.SRIRAM P.SANTHOSH C.VIGNESWARAN For Respondent(s):

Mr.S.Jayachandran, Govt.

Advocate For R1 To R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents and in particular, the 4 th respondent to deal with the representation made by the petitioners wherein the petitioners are seeking for issuance of patta in their name with respect to the subject property. 2.

Heard Mr.K.Govi Ganesan, learned counsel for the petitioner and Mr.S.Jayachandra, learned Government Advocate for respondents 1 to 4. 3.

The petitioners are tracing their right and title by virtue of two Court decrees in OS No.908 of 1929 dated 19.10.1931 and OS No.1165 of 1990 dated 22.12.1998 on the file of Additional District Munsif Court, Thiruvannamalai. The petitioners made a representation seeking for patta in their name. Since the same was not considered, the present writ petition has been filed before this Court.

4.

Taking into consideration the facts and circumstances of the case

and the materials placed before this Court, there shall be a direction to the 4 th respondent to deal with the representation made by the petitioners on 16.12.2022 on its own merits and in accordance with law and also take note of the decrees passed by the competent Civil Court and appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

26-02-2025 rka To 1.The District Collector Thiruvannamalai District, 2.The District Revenue Officer Thiruvannamalai District,

3.The Revenue Divisional Officer Thiruvannamalai, 4.The Tahsildar Thiruvannamalai Taluk, Thiruvannanamalai

5. The Additional District Munsif Court, Thiruvannamalai Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.ANAND VENKATESH J.

rka 26-02-2025