K.Sasikumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN K.Sasikumar ... Petitioner Vs.

1. The District Collector, O/o The District Collector, Krishnagiri Krishnagiri District.

2. The Tahsildar, Bargur Taluk, Krishnagiri District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to dispose of the petitioner's representation dated 10.11.2023 by holding enquiry as per law.

For Petitioner : Mr.M.Chithira Gomathy For Respondents : Mr.T.Arunkumar Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus to direct the second respondent to dispose of the petitioner's representation dated 10.11.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record.

3. Learned Additional Government Pleader who takes notice for the official respondents submitted that as per the prevailing procedures, for Patta Transfer, issuance of Patta, issuance of Separate Patta or for Survey, the applications have to be made only through online and the requisite fees have to be paid through e-Challan and thereafter, the application will be scrutinized and action would be taken and the status of the representation/final orders would be uploaded in the web-site. But the petitioner has not made the online application as contemplated under the prevailing procedures.

4. Admittedly, the petitioner has not made the representation through online, but he has sent a representation 10.11.2023 through post and the respondents have also acknowledged the same. Despite the same, the respondents have not given any reply or response. If any person makes an application before the officials through postal or manually, the respondents/officials shall immediately intimate the mode of application to the said person and ask them to apply through online. The officials inform that the application has to be made through online only when the person approaches the Court. The respondents/officials should not keep the application pending for years together without intimating the mode of application to the person.

5. Hence, the petitioner is directed to make a fresh representation through online and if the petitioner does not have any facility to apply through online, he can approach the E-seva centre situated in either the first respondent's office or the second respondent's office or any other place situated in the State.

6. If the petitioner makes such application through online with requisite fees as per the prevailing procedures and on receipt of the same, if the application is otherwise in order and the petitioner is otherwise eligible, the second respondent is directed to issue notice to the petitioner, rival claimants/interested parties/aggrieved parties/objectors as the case may be and after giving notice to all the parties, conduct enquiry in the manner known to law and pass orders on merits and in accordance with law. The abovesaid exercise shall be completed within a period of eight weeks from the date of receipt of the petitioner's online application.

7. With the abovesaid direction, The Writ Petition is disposed of. There shall be no order as to costs.

25.03.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, O/o The District Collector, Krishnagiri Krishnagiri District.

2. The Tahsildar, Bargur Taluk, Krishnagiri District.

P.VELMURUGAN, J.

mfa 25.03.2024