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Madras High CourtWP/10178/2022disposed of

A.Kandha v. The District Collector

2022-04-27Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.10178 to 10183 of 2022 A.Kandha ... Petitioner in W.P.No.10178 of 2022 C.Gandhimathi ... Petitioner in W.P.No.10179 of 2022 V.Mangaiyakarasi ... Petitioner in W.P.No.10180 of 2022 K.Vinayagam ... Petitioner in W.P.No.10181 of 2022 K.Vinayagam ... Petitioner in W.P.No.10182 of 2022 N.Santha ... Petitioner in W.P.No.10183 of 2022 Vs.

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Tahsildar, Jamnamarathur Taluk, Thiruvannamalai District.

... Common Respondents in WP Nos.10178 to 10183 of 2022 Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to grant Patta in the name of the petitioner for the petitioner's own property situated in survey No.89/1, in an extent of 0.04 cents (1744 sq.ft) at Kovilur (M), Jamnamarathur Village, Polur Taluk, Thiruvannamalai District pursuant to the patta application of the petitioner dated 31.01.2022 within time frame fixed by this Court. Prayer in W.P.No.10179 of 2022 :

Directing the respondents to grant patta in the name of the petitioner for the petitioners own property situated in survey No. 73/3B1 in an extent of 1312 sq.ft at Kovilur (M) Jamnamarathur Village Polur Taluk Thiruvannamalai District persunt to the patta application of the petitioner dated 31.01.2022 within time frame fixed by this Honorable Court.

Prayer in W.P.No.10180 of 2022 :

Directing the respondents to grant patta in the name of the petitioner for the petitioners own property situated in survey No.76/3B1B (New Sub Division No.76/7) in an extent of 0.03 cents (1296 sq.ft) at Kovilur (M) Jamnamarathur Village Polur Taluk Thiruvannamalai District persunt to the patta application of the petitioner dated 31.01.2022 within time frame fixed by this Honorable Court.

Prayer in W.P.No.10181 of 2022 :

Directing the respondents to grant patta in the name of the petitioner for the petitioners own property situated in survey No. 76/7 in an extent of 0.01 cents (436 sq.ft) at Kovilur (M) Jamnamarathur Village Polur Taluk Thiruvannamalai District persunt to the patta application of the petitioner dated 31.01.2022 within time frame fixed by this Honorable Court. Prayer in W.P.No.10182 of 2022 :

Directing the respondents to grant patta in the name of the petitioner for the petitioners own property situated in survey No. 76/7 in an extent of 1092 sq.ft at Kovilur (M) Jamnamarathur Village Polur Taluk Thiruvannamalai District persunt to the patta application of the petitioner dated 31.01.2022 within time frame fixed by this Honorable Court. Prayer in W.P.No.10183 of 2022 :

Directing the respondents to grant patta in the name of the petitioner for the petitioners own property situated in survey No. 76/1 in an extent of 0.06 cents at Kovilur (M) Jamnamarathur Village Polur Taluk Thiruvannamalai District persunt to the patta application of the petitioner dated 31.01.2022 within time frame fixed by this Honorable Court. Appearance in all W.Ps For Petitioners : M/S.A.Rajendiran For Respondents : Mr.Yogesh Kannadasan Special Government Pleader COMMON ORDER Since the issue involved and the relief sought for in all these six Writ Petitions are identical in nature, the same were heard together and disposed of by this common order.

2. The case of the petitioners is that they have purchased respective properties as shown in the affidavit filed in support of the Writ Petitions and and registered the same on the file of the Sub-Registrar Office, Polur. Subsequent to the purchase of the properties, the petitioners are in peaceful possession and enjoyment of the properties without any hindrance. While so, the petitioners' vendors' name stood in Patta, Chitta and Adangal. The grievance of the petitioners is that the Patta was not granted to the petitioners, even after a lapse of several years. Further, the petitioners are paying necessary Taxes, Revenue and other charges to the Government. Therefore, the petitioners made a representation dated 31.01.2022 before the respondents, seeking for issuance of Patta in the name of the petitioners. After receipt of such representation from the petitioners, the respondents have not passed any orders. Hence, the petitioners have filed the Writ Petitions.

3. Though very many grounds have been raised, the learned counsel for the petitioners submitted that, it would suffice if this Court issues direction to the second respondent/Tahsildar to consider the petitioners' representation dated 31.01.2022 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the second respondent to consider the petitioners' representation dated 31.01.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioners and aggrieved person, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar jd/rap

To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Tahsildar, Jamnamarathur Taluk, Thiruvannamalai District.

+6ccs to Mr.A.Rajendiran, Advocate SR.No.29070 +1cc to Government Pleader SR.No.30455 W.P.Nos.10178 to 10183 of 2022 JPL(CO) GMY(06/06/2022)