Ramasamy, v. The Commissioner Of Land
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.41053 OF 2015 AND M.P.NO.1 OF 2015
1. Ramasamy
2. Manivannan
3. Machandran
4. Rajendran
5. Subramani
6. Selvam
7. Sennammal
8. Vasugi ... Petitioners Vs.
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.
2. District Revenue Officer, District Collector Office, Dharmapuri.
3. The Tahsildhar, Palacode Taluk Office, Palacode, Dharmapuri District.
4. The Revenue Inspector, O/o.Revenue Office, Marandahalli, Palacode Taluk, Dharmapuri District.
5. The Viilage Administrative Officer, Marandahalli Village, Palacode Taluk, Dharmapuri District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to issue patta in favour of the petitioners' herein for the land owned and possessed by the petitioners viz., the land admeasuring 971 sq.mt comprised in Survey Nos.314/24, 314/27 and 314/28 situated at Marandahalli Village, Palacode
Taluk, Dharmapuri District.
For Petitioners : Mr.D.Ramesh Kumar For Respondents : Mr.C.Harsha Raj Government Advocate
O R D E R
This petition has been filed seeking to direct the respondents to issue patta in favour of the petitioners' herein for the land owned and possessed by the petitioners viz., the land admeasuring 971 sq.mt comprised in Survey Nos.314/24, 314/27 and 314/28 situated at Marandahalli Village, Palacode Taluk, Dharmapuri District.
2. The learned counsel for the petitioners submitted that the first petitioner died and the legal heirs of the deceased/first petitioner have to be substituted in the said petition.
3. However, the Writ Petition has been filed for issuance of patta in respect of the property comprised in S.Nos.314/24, 314/27 and 314/28 admeasuring 971 sq.mt situated at Marandahalli Village, Palacode Taluk, Dharmapuri District. The application for issuance of patta is pending with the respondents 2 to 5 herein.
4. Considering the nature of the prayer sought for in this Writ Petition, this Court deems fit to direct the legal heirs of the deceased/first petitioner and the petitioners 2 to 8 to submit a fresh application to the second respondent for issuance of patta within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to issue notice to the concerned parties, conduct enquiry and pass orders on merits and in accordance with law within a period of 12 weeks thereafter.
5. With the above direction, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs.
s/d Assistant Registrar(CS IV) True Copy Sub-Assistant Registrar KV
To
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.
2. District Revenue Officer, District Collector Office, Dharmapuri.
3. The Tahsildhar, Palacode Taluk Office, Palacode, Dharmapuri District.
4. The Revenue Inspector, O/o.Revenue Office, Marandahalli, Palacode Taluk, Dharmapuri District.
5. The Viilage Administrative Officer, Marandahalli Village, Palacode Taluk, Dharmapuri District.
+1cc to M/S.D.Ramesh kumar, Advocate, SR.No.37888 +1cc to Government Pleader, SR.No.38020 W.P.No.41053 of 2015 AD(CO) PM(07/09/2021)