B.Akbar Ali v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. Nos.11309, 11313 and 11316 of 2022 B.Akbar Ali ... Petitioner in W.P. No.11309 of 2022 M.K.Subramani ... Petitioner in W.P. No.11313 of 2022 S.Thavamani ... Petitioner in W.P. No.11316 of 2022 Vs.
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Tahsildar, Jamanamarathur Taluk, Thiruvannamalai District.
... Respondents in all W.Ps Prayer in W.P. No.11309 of 2022: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to grant patta in the name of the petitioner for the petitioner's own property situated in Survey No.67/1B, (New Sub Division No.67/1B1), in an extent of 2301 sq.ft. at Kovilur (M), Jamnamarathur Village, Polur Taluk, Thiruvannamalai District pursuant to the patta application of the petitioner dated 10.02.2022 within time frame fixed by this Court.
Prayer in W.P. No.11313 of 2022: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to grant patta in the name of the petitioner for the petitioner's own property situated in Survey No.69/1A, (U.D.R. Survey No.69/39), in an extent of 9841⁄4 sq.ft. at Kovilur (M), Jamnamarathur Village, Polur Taluk, Thiruvannamalai District pursuant to the patta application of the petitioner dated 03.02.2022 within time frame fixed by this Court.
Prayer in W.P. No.11316 of 2022: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to grant patta in the name of the petitioner for the petitioner's own property situated in Survey No.69/1A, (New Sub Division Survey No.69/43), in an extent of 880 sq.ft. at Kovilur (M), Jamnamarathur Village, Polur Taluk, Thiruvannamalai District pursuant to the patta application of the petitioner dated 04.02.2022 within time frame fixed by this Court.
Appearance in all W.Ps For Petitioners : Mr.A.Rajendiran For Respondents : Mr.R.P.Murugan Raja, Government Advocate COMMON ORDER Since the issue involved and the relief sought for in all these Writ Petitions, are identical in nature, the same were heard together and disposed of by this common order.
2. The case of the petitioners is that, the properties in Survey Nos.67/1B (New Sub Division No.67/1B1), 69/1A (U.D.R. Survey No.69/39) and 69/1A (New Sub Division Survey No.69/43) situated at Kovilur (M), Jamanamarathur Village, Polur Taluk, Thiruvannamalai District, have been purchased from one Mr.R.Durairaj, Mrs.Sakela Banu and Mr.C.Ramachandran respectively. Subsequent to the purchase of the aforesaid properties, the petitioners are in continuous peaceful possession and enjoyment of the same without any hindrance. While so, the Patta, Chitta and Adangal stood in the name of the vendors' of the petitioners in the respective Writ Petitions. 2.1 The grievance of the petitioners is that the Patta was not granted in their name, after lapse of several years.
It is pertinent to note that the petitioners are paying necessary Taxes, Revenue and other charges to the Government. Therefore, the respective petitioners made a representation/application dated 10.02.2022, 03.02.2022 and 04.02.2022 before the respondents, seeking issuance of Patta in their name. As the said representation made by the petitioners has evoked no response from the respondents, the petitioners have filed the present Writ Petitions.
3. Though very many grounds have been raised in these Writ Petitions, the learned counsel for the petitioners submitted that, it would suffice, if this Court issues direction to the second respondent/Tahsildar to consider the petitioners' representations dated 10.02.2022, 03.02.2022 and 04.02.2022 and pass orders on the same, within a particular time frame that may be fixed by this Court.
4. The learned Government Advocate appearing for the respondents has no objection for the said order being passed.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the second respondent/Tahsildar to consider the petitioners' representations dated 10.02.2022, 03.02.2022 and 04.02.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioners and aggrieved persons, if any, within a period of twelve weeks from the date of receipt of a copy of this order.
6.With the above directions, these Writ Petitions are disposed of. No costs.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR jd/rap To
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Tahsildar, Jamanamarathur Taluk, Thiruvannamalai District.
+3cc to Mr.A.Rajendiran, Advocate Sr.30476 +1cc to the Government Pleader Sr.30860 W.P. Nos.11309, 11313 and 11316 of 2022 nr[co] srg 01/06/2022