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Madras High CourtWP/10457/2022disposed of

P.K.Thangavel v. The District Collector

2022-04-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10457 OF 2022 P.K.Thangavel ... Petitioner .Vs.

1. The District Collector, Namakkal, Namakkal District.

2. The Revenue Divisional Officer, Thiruchengode, Namakkal District.

3. The Tahsildar, Kumarapalayam Taluk, Namakkal District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to conduct an enquiry and issue patta in favour of the petitioner to an extent of 1000 sq.ft situated in Survey No.316/4 (New lane Road, ward-18) Pallipalayam Village, Kumarapalayam Taluk, Nammakkal District based on the communication of the first respondent dated 18.06.2020 and 26.11.2021 and the consequential communication of the second respondent dated 01.10.2020 by considering the petitioner representation dated 06.09.2021.

For Petitioner : Ms.A.Niranjanaa For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the third respondent to conduct an enquiry and issue patta in favour of the petitioner to an extent of 1000 sq.ft situated in Survey No.316/4 (New lane Road, ward-18) Pallipalayam Village, Kumarapalayam Taluk, Nammakkal District based on the communication of the first respondent dated 18.06.2020 and 26.11.2021 and the consequential communication of the second respondent dated 01.10.2020 by considering the petitioner representation dated 06.09.2021.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition, on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property comprised in Survey No.316/4 to an extent of 1000 sq.ft situated in Pallipalayam Village, Tiruchengode Taluk, Nammakkal District. Thereafter, the petitioner made several representations to the authorities for issuance of patta in favour of the petitioner. Based on the request of the petitioner, the first respondent in the proceedings, dated 18.06.2020 and 26.11.2021 have communicated letters to the second and third respondents to look into the grievance of the petitioner with regard to issuance of patta. Based on the communication of the first respondent, the second respondent in his proceedings, dated 01.10.2020, directed the third respondent to conduct an enquiry and pass orders with regard to the issuance of patta in favour of the petitioner. However, the petitioner also made a representation to the first respondent, dated 06.09.2021 for issuance of patta. However, till date, no order has been passed on the same. Hence, this present petition is filed.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the third respondent to consider the representation of the petitioner, dated 06.09.2021 and may pass appropriate orders within the stipulated time as may be fixed by this Court.

5. The learned Special Government Pleader appearing for the respondents, would submit that the representation made by the petitioner will be considered and appropriate orders will be passed on merits within the time frame to be fixed by this court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the

third respondent to consider the representation of the petitioner, dated 06.09.2021 and after giving an opportunity of hearing to the petitioner and aggrieved parties if any and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mn To 1.

The District Collector, Namakkal, Namakkal District.

2.

The Revenue Divisional Officer, Thiruchengode, Namakkal District.

3.

The Tahsildar, Kumarapalayam Taluk, Namakkal District.

+1cc to Mr.R.S.Anandan, Advocate, S.R.No.29446 +1cc to the Government Pleader, S.R.No.30895 W.P.NO.10457 OF 2022 SKM(CO) PBS/17/05/2022