B.Narayanan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH B.Narayanan S/o Bakthavatchalu No.1255 CTH Road Nadukuthagai Thiruninravur Avadi Taluk Thiruvallur District.
Petitioner Vs
1. The District Collector Thiruvallur, Thiruvallur District.
2.The Revenue Divisional Officer Thiruvallur, Thiruvallur District.
3.The Tahsildar Avadi, Thiruvallur District.
4.BOOPATHI S/o Kanniyappa Mudaliyar No.62, Palla Street Thiruninravur Avadi Taluk Thiruvallur District 5.DINESH S/o Boopathi No.62, Palla Street Thiruninravur Avadi Taluk Thiruvallur District Respondents 1/4
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to give patta to the petitioner land comprising in grama natham S.No.136/1 and 136/3 of an extent of 3640 S.feet situated at Nadukuthagai village, Avadi Ttaluk, Thiruvallur district. For Petitioner : Mr.P.Murali For Respondents : Mr.P.Sathish Additional Government Pleader [R1 to R3] Mr.P.R.Krishnaraj [R4] *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to act upon the representation made by the petitioner on 17.04.2023 and to issue patta in the name of the petitioner.
2. Heard Mr.P.Murali, learned counsel for petitioner, Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 to 3 and Mr.P.R.Krishnaraj, learned counsel appearing for fourth respondent.
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3. It is seen from records that there was a civil dispute between the parties, which ultimately ended up in S.A.No.1171 of 2014 by judgment and decree dated 02.12.2021. Thereafter, the rival party approached the Apex Court and filed a SLP and this SLP was dismissed by an order dated 17.10.2022 by giving liberty to approach the High Court for getting clarification. During the pendency of the civil litigation, the petitioner had approached this Court twice by filing W.P.No.36865 of 2016 and W.P.No.26312 of 2019 and both these writ petitions were dismissed by order dated 27.10.2021 and 02.02.2022 respectively. The writ petitions came to be dismissed mainly on the ground that the second appeal was pending during the relevant point of time. Now that the second appeal has already been disposed of, the petitioner made a representation on 17.04.2023 seeking for patta. Since the same was not considered, the present writ petition has been filed before this Court.
4. Taking into consideration the facts and circumstances of the case and based on the materials placed before this Court, there shall be a direction to the first respondent to deal with the representation made by the petitioner on 17.04.2023 on its own merits and in accordance with law in line with the guidelines given by this Court in 3/4
N.ANAND VENKATESH, J gm N.S.Krishnamoorthi and others v. District Collector and others [W.P.No.4936 of 2025 etc. batch], dated 26.03.2025 after affording opportunity to the fourth respondent and orders shall be passed within a period of eight (8) weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs.
27.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To
1. The District Collector Thiruvallur, Thiruvallur District.
2.The Revenue Divisional Officer Thiruvallur, Thiruvallur District.
3.The Tahsildar Avadi, Thiruvallur District.
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