← Library
Madras High CourtWP/19269/2019disposed of

Shek Dawood v. The District Collector

2024-03-11Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.19269 of 2019 and W.M.P. No.18709 of 2019 Shek Dawood ... Petitioner Vs.

1. The District Collector Nagapattinam District Nagapattinam

2. The Revenue Divisional Officer Mayiladuthurai Nagapattinam District

3. The Tahsildar Kutthalam Taluk Kutthalam, Nagapattinam District

4. Village Administrative Officer Kutthalam Taluk Kutthalam, Nagapattinam District

5. Shek Allavudeen

6. Hayasudeen ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1 to 4 respondents to initiate immediate enquiry upon the representation dated 14.04.2019 and to issue Patta in the name of the petitioner in respect of Survey Nos.174/1 measuring 5 Cents, Old Survey No.119C/5 and New Survey No.693/2 and 693/3, measuring 22 Cents of Kutthalam Village, Kutthalam Taluk, Nagapattinam 1/5

District.

For Petitioner : Mrs.G.Soundari For R1 to R4 : Mr.T.Arun Kumar Additional Government Pleader For R5 and R6 : Mr.L.S.M.Mohamed Kadar Shahib

ORDER

This Writ Petition is filled seeking to issue a Writ of Mandamus directing the 1 to 4 respondents to initiate immediate enquiry upon the representation dated 14.04.2019 and to issue Patta in the name of the petitioner in respect of Survey Nos.174/1 measuring 5 Cents, Old Survey No.119C/5 and New Survey No.693/2 and 693/3, measuring 22 Cents of Kutthalam Village, Kutthalam Taluk, Nagapattinam District.

2. The official respondents have filed counter stating that they issued notice and conducted enquiry on 14.05.2019 and the petitioner also appeared before the 3rd respondent on the said date but the petitioner did not produce any documents, however, he gave written statement stating that the petitioner will resort the issue through Civil Court based on which, they passed orders to seek remedy before the Civil Court. The Additional Government Pleader served the copy of the impugned order to the learned counsel for the petitioner.

3. The learned counsel for the petitioner accepted that the petitioner has 2/5

filed a suit however, the said suit is filed only for one survey number whereas, the petitioner has given representation for two other survey numbers.

4. According to the respondents the petitioner has already approached the Civil Court and therefore, she can work out her remedy before the Civil Court. The present Writ Petition is filed only for simple Writ of Mandamus to direct the respondents to conduct enquiry and pass orders regarding issuance of Patta. Now it is stated that the 3rd respondent has already passed orders. Therefore, the Writ Petition has become infructuous. The petitioner is at liberty either to challenge the order passed by the 3rd respondent if so aggrieved or she can work out her remedy before the Civil Court in the manner known to law.

5. With the above observations, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 11.03.2024 ksa-2 Index : Yes / No 3/5

To

1. The District Collector The District Collectorate, Villupuram District

2. The Revenue Divisional Officer Ulundurpet Division, Villupuram District

3. The Sub-Collector Thirukovilur, Villupuram District

4. The Tahsildar Ulundurpet Taluk, Villupuram District

5. The Sub Registrar Thiruvennainallur SRO, Villupuram District 4/5

P.VELMURUGAN. J.

Ksa-2 11.03.2024 5/5