P.Ramasamy v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. NO.10435 OF 2022 P.Ramasamy ... Petitioner Vs.

1. The Collector, Ariyalur District, Ariyalur.

2. The Revenue Divisional Officer, Udayarpalayam Taluk, Udayarpalayam, Ariyalur District.

3. The Tahsildar, Udayarpalayam Taluk, Jayankondam, Ariyalur 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 consider the petitioner's representation dated 20.11.2020 for issuing patta remaining 1 acre 9 cents, in respect of the petitioner's property, comprised in Survey No.268/4, 268/5 and 273 situated at T.Pottakkollai Village, within the Revenue Village of Thathanur West, Thathanur Post, Udayarpalayam Taluk, Ariyalur District in accordance with law within a time frame.

For Petitioner : Mr.S.Kannan 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 consider the petitioner's representation dated 20.11.2020, for issuing patta for the remaining 1 acre 9 cents, in respect of the petitioner's property, comprised in Survey Nos.268/4, 268/5 and 273 situated at T.Pottakkollai Village, within the Revenue Village of Thathanur West, Thathanur Post, Udayarpalayam Taluk, Ariyalur District, in accordance with law within a time frame. 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 S.Nos. 268/4, 268/5 and 273 to an extent of 7 acres, situated at T.Pottakkollai Village, within the Revenue Village of Thathanur West, Thathanur Post, Udayarpalayam Taluk, Ariyalur District. The patta was given only for 5 acres and 91 cents. Therefore, the petitioner made a representation to the third respondent, dated 20.11.2020, for issuance of patta to the remaining extent of 1 acre and 9 cents. 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 20.11.2020 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 20.11.2020 and after giving an opportunity of hearing to the petitioner, 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(CO) //True Copy// Sub Assistant Registrar mn To

1. The Collector, Ariyalur District, Ariyalur.

2. The Revenue Divisional Officer, Udayarpalayam Taluk, Udayarpalayam, Ariyalur District.

3. The Tahsildar, Udayarpalayam Taluk, Jayankondam, Ariyalur District.

+1cc to Mr.S.Kannan, Advocate, S.R.No.29525 +1cc to the Special Government Pleader, S.R.No.30901 W.P. No.10435 of 2022 SKM(CO) PM/17/05/2022