S.K.Sivasami v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.04.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.8594 of 2022 S.K.Sivasami ... Petitioner Vs

1. The District Collector, Coimbatore District, Coimbatore.

2. The Revenue Divisional Officer, Coimbatore Division, Coimbatore.

3. The Tahsildar, Madukarai Taluk, Coimbatore District. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ more particularly in the nature of Mandamus directing the respondents to issue a patta in the petitioner's name based on the sale deed executed by the II Additional Sub Ordinate Judge, Coimbatore vide Document No.148/2015 dated 29.04.2014 on the file of Madukarai Sub Registrar Office and the warrants dated 14.09.2021 and 13.12.2021 executed by II Additional Sub Court, coimbatore in E.P.No.65 of 2015 for delivery of possession and the petitioner's representation dated 31.12.2021, by correcting the subdivisions made as survey number 36/1B2, 37/8C. 37/8D, 37/8B, 37/8G in existing patta numbers 4 & 95 of Karunjami Goundampalayam village, Madukarai Taluk, Coimbatore District, within a stipulated time as fixed by this Hon'ble Court. For Petitioner ... Mr. A. Suresh Sakthi Murugan For Respondent ... Mr. R. Vigneshwaran, Government Advocate

O R D E R

The present petition has been filed seeking a direction to the respondents for issuance of patta in favour of the petitioner with respect to the subject property and correct the

subdivisions made in existing patta numbers pursuant to the representation of the petitioner within the time that may be stipulated by this Court.

2. It is the case of the petitioner that the petitioner made a representation dated 31.12.2021 before the 3rd respondent herein seeking issuance of patta and seeking corrections in the subdivisions made in respect of the subject properties. However, till date, the same has not been considered. Hence, the present Writ Petition is filed seeking the aforesaid relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice, if this Court issues a direction to the respondents to consider the representation made by the petitioner and dispose of the same in accordance with law, within the time stipulated by this Court.

4. Learned Government Advocate appearing for the respondents submits that pursuant to the petitioner's application, notice for enquiry has been issued to the concerned parties on 18.04.2022. However, the said enquiry will be concluded within a period of six weeks.

5. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 2nd respondent/Tahsildar to consider the petitioner's application dated 31.12.2021 and dispose of the same in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar NHS To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Revenue Divisional Officer, Coimbatore Division, Coimbatore.

3. The Tahsildar, Madukarai Taluk, Coimbatore District.

+1cc to Mr.A.Suresh Sakthi Murugan, Advocate, S.R.No. 27110 +1cc to the Government Pleader, S.R.No. 27530 W.P.No.8594 of 2022 SSD(CO) GN(27/05/2022)