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Madras High CourtWP/9587/2024disposed of

S.Ramankrishnan v. The District Collector

2024-04-08Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR S.Ramakrishnan .. Petitioner

Versus

1.The District Collector Tiruppur Tiruppur District 2.The Revenue Divisional Officer Udumalpet Tiruppur District 3.The Tahsildar Udumalpet Tiruppur District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's representation dated 11.01.2024 for issuance of patta to the petitioner in respect of Grama Natham land bearing Natham Survey No.489/1 comprised in Survey No.7 situated at Alamarthur, Ilupanagaram Village, Udumalpet Taluk, Tiruppur District in view of the judgment and decree dated 18.09.2013 passed in A.S.No.2 of 2012 on the file of Subordinate Judge, Udumalpet.

For Petitioner : Mr.K.Myilsamy For Respondent : Mr.A.Selvendran Special Government Pleader 1/4

ORDER

This writ petition is filed for a direction to the 3rd respondent to consider the petitioner's representation dated 11.01.2024 for issuance of patta to the petitioner in respect of Grama Natham land bearing Natham Survey No.489/1 comprised in Survey No.7 situated at Alamarthur, Ilupanagaram Village, Udumalpet Taluk, Tiruppur District in view of the judgment and decree dated 18.09.2013 passed in A.S.No.2 of 2012 on the file of Subordinate Judge, Udumalpet.

2. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. It is the case of the petitioner that he is the owner of the property in Natham Survey No.489/1 comprised in Survey No.7 situated at Alamarthur, Ilupanagaram Village, Udumalpet Taluk, Tiruppur District. He has filed a suit for declaration of title and mandatory injunction in O.S.No.178 of 2003. The relief of declaration of title was granted, however, injunction was rejected. Hence, filed an appeal in A.S.No.2 of 2012 and relief of mandatory injunction was also granted vide judgment and decree dated 18.09.2013. Subsequently, 2/4

the petitioner sent a representation seeking for issuance of patta on 11.01.2024 in light of the judgment and decree dated 18.09.2013 passed in A.S.No.2 of 2012 on the file of Subordinate Judge, Udumalpet, which is pending without consideration till date.

4. Considering the limited relief sought for in this writ petition, the respondents are directed to consider the representation of the petitioner dated 11.01.2024 and pass appropriate orders on the petitioner's representation for issuance of patta in respect of Grama Natham land bearing Natham Survey No.489/1 comprised in Survey No.7 situated at Alamarthur, Ilupanagaram Village, Udumalpet Taluk, Tiruppur District in view of the judgment and decree dated 18.09.2013 passed in A.S.No.2 of 2012 on the file of Subordinate Judge, Udumalpet, on merits and in accordance with law. Such exercise shall be completed within a period of two months from the date of receipt of copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. 08.04.2024 dhk Index :Yes/No 3/4

N. SATHISH KUMAR , J.

dhk To, 1.The District Collector Tiruppur Tiruppur District 2.The Revenue Divisional Officer Udumalpet Tiruppur District 3.The Tahsildar Udumalpet Tiruppur District W.P.No.9587 of 2024 08.04.2024 4/4