Madras High CourtWP/10939/2021disposed of

P.Thiruvengadam v. The District Collector

2021-04-29Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.10939 of 2021 P.Thiruvengadam S/o. Perumal ...

Petitioner -Vs1. The District Collector, Villupuram District, Villupuram.

2. The District Revenue Officer, Villupuram District, Villupuram.

3. The Revenue Divisional Officer, Tindivanam Division, Jakkampettai, Tindivanam, Villupuram District.

4. The Tahsildar, Melmalayanur Taluk, Melmalayanur, Villupuram District.

5. The Revenue Inspector, Avalurpettai, Melmalayanur Taluk, Villupuram Dt.

6. The Village Administrative Officer, Ethapattu Revenue Village, Melmalayanur Taluk, Villupuram Dt.

7. K.Pachaiyappan, S/o. Koneri Gounder .... Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd Respondent to consider the petitioner representation dated 17.02.2021 and consequently to issue separate patta in Survey No.428/1C9 measuring an extent of 0.4.00 ares situated in Ethapattu revenue village, Melmalaiyanur Taluk, Villupuram District in favour of the petitioner herein at the earliest point of time as may be directed by this Hon'ble Court. For Petitioner :

Mr.N.Elumalai For Respondents :

Mrs.K.Bhuvaneswari, Government Advocate R7 :

No Appearance

O R D E R

(The case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the 3rd respondent to consider the petitioner's representation dated 17.02.2021 and to issue patta in favour of petitioner herein at the earliest point of time.

2. In view of the order is going to be passed in the present Writ Petition, which will not prejudice the interest of the 7th respondent, notice to the 7th respondent is dispensed with.

3. The grievance of the petitioner is that, he is the absolute owner of the property in Survey No. 428/1C9 measuring an extent of 0.4.00 ares situated at Etapattu revenue Village, Melmalaiyanur Taluk, Villupuram District. Subsequently, he has made an application to issue patta in the name of petitioner. Now, in the year 2021, without notice of the petitioner, a joint patta has been granted in the name of petitioner as well as in the name of K.Pachaiyappan, 7th respondent. Hence, immediately, he has made an application to the 3rd respondent to cancel the same and to issue patta in his favour. So far, his application was not considered and no order has been passed. Hence, the present writ petition has been filed by the petitioner.

4. Considering the limited prayer sought in the present Writ Petition, without going into the merits of the case, the 3rd respondent is directed to consider the application submitted by the petitioner and pass suitable orders on merits in accordance

with law after hearing the petitioner as well as 7th respondent within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rpp To

1. The District Collector, Villupuram District, Villupuram.