P.Muthusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P. No. 15045 of 2021 and WMP No.15940 of 2021

1. P. Muthusamy

2. P. Pappal ... Petitioners Vs

1. The District Collector, Salem -636 001

2. The District Revenue Officer, Office of the District Collector, Salem 636 001

3. The Revenue Divisional Officer, Mettur Revenue Divisional Office, Bhavani Road, Mettur - 636 401

4. The Tahsildar, Omalur, Salem District 636 455 ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue patta in the name of the petitioners for their respective properties in Survey Nos.171/22 and171/23. situated at Tharamangalam Village, Omalur taluk, Salem District, based on the recommendations of the 4th respondent dated 02.05.2018 and the recommendations of the 3rd respondent dated 16.07.2018.

For petitioner ...

Mr.K.Selvaraj For respondents ...

Mr.Yogesh Kannadasan Government Advocate

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to issue patta to the petitioners.

2. According to the petitioners, they have filed an representation seeking for patta in Survey Nos.171/22 and 171/23, in Tharamangalam Village, Omalur Taluk, Salem District. Earlier, based on their application, the Tahsildar as well as the Sub-Collector sent recommendations to the District Revenue Officer/2nd respondent recommending for grant of patta. But, so far no order has been passed. Hence, the present writ petition has been filed.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

4. Considering the facts and circumstances of the case and considering limited prayer sought for in the writ petition, and also the fact that now, the petitioners' representation is pending with the 2nd respondent/District Revenue Officer, without going into the merits of the case, the 2nd respondent is directed to consider the petitioners representation along with the recommendation made by the Tahsildar and Sub-collector and pass suitable orders, on merits and in accordance with law, after giving opportunity to the petitioners as well as other interested parties, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequentially, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mrp To

1. The District Collector, Salem -636 001

2. The District Revenue Officer, Office of the District Collector, Salem 636 001

3. The Revenue Divisional Officer, Mettur Revenue Divisional Office, Bhavani Road, Mettur - 636 401

4. The Tahsildar, Omalur, Salem District 636 455.

+1cc to Mr.K.Selvaraj, Advocate, S.R.No.35266 +1cc to the Government Pleader, S.R.No.35292 W.P. No. 15045 of 2021 GPL(CO) HS(25/08/2021)