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Madras High CourtWP/5301/2024disposed of

C.Raman v. The District Collector

2024-03-04Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 C.Raman ... Petitioner Vs.

1. The District Collector Office of the Collectorate Kallakurichi District

2. The Tahsildar Office of Tahsildar Vellimalai, Kalvarayanmalai Taluk Kallakurichi District

3. The Head Surveyor Office of Tahsildar Vellimalai, Kalvarayanmalai Taluk Kallakurichi District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to issue patta for the land in Ayan Punja Survey No.148/1 to an extent of about 1 acre 93 cents situated within the limits of Kariyalur Village, Kalvarayanmalai, Kallakurichi District by disposing of the Petitioner's 1/6

online application dated 09.08.2023 and representation dated 11.12.2023 within such time as may be stipulated by this Court. For Petitioner : Mr.M.Sudhan For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 2nd respondent to issue patta for the land in Ayan Punja Survey No.148/1 to an extent of about 1 acre 93 cents situated within the limits of Kariyalur Village, Kalvarayanmalai, Kallakurichi District by disposing of the Petitioner's online application dated 09.08.2023 and representation dated 11.12.2023 within such time as may be stipulated by this Court.

2. The learned counsel for the petitioner submitted that the petitioner made online application on 09.08.2023 and paid the requisite fee as per the norms and subsequently, he also made a representation on 11.12.2023. 2/6

However, the respondents have not taken any steps to issue Patta. Therefore, the present Writ Petition is filed.

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's application/representation, this Court without expressing any opinion with regard to the merits of the case, directs the 1 st respondent to consider the petitioner's application and representation dated 09.08.2023 and 11.12.2023 respectively and issue notice to the petitioner and also to the interested parties/rival claimants/objectors/aggrieved parties if any, as the case may be and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law. After conducting enquiry, if it is found that the 3/6

petitioner is otherwise eligible/entitled, Patta shall be issued to the petitioner and all the said exercises shall be completed within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 04.03.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The District Collector Office of the Collectorate Kallakurichi District

2. The Tahsildar Office of Tahsildar Vellimalai Kalvarayanmalai Taluk Kallakurichi District

3. The Head Surveyor Office of Tahsildar Vellimalai Kalvarayanmalai Taluk Kallakurichi District 5/6

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 04.03.2024 6/6