S.Krishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Krishnan Petitioner(s) Vs 1.The District Collector Salem District, Salem-636 001.
2.The Director of Survey and Settlement, Chepauk, Chennai-600 005.
3.The Assistant Director of Survey and Land Records, Collectorate, Salem-636 005.
4.The Tahsildar, Salem South Taluk, Salem-636 010 5.The Sub Registrar, Dadhagapatty, Salem-636 009.
6.The Commissioner, Salem City Municipal Corporation, Salem.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents herein more particularly the 4th respondent herein to consider the petitioners representations 1/6
dated 14.12.2024 and 20.02.2025 seeking issuance of Joint patta in the names of (1)S.Krishnan (petitioner) and his brothers namely, (2)S.Sankaran (3)S.Mahadevan (4)S.Gopal and (5) S.Sampath, the legal heirs of the petitioners deceased father Late.A.Sundara Achari after conducting survey and by demarcating the lands in Survey No.38 (Baimash No.528) patta No.199 to an extent of 50 acres situated in Annadanapatty Village, Salem Taluk and District. For Petitioner(s) : Mr.R.Thamaraiselvan For Respondent(s) : Mr.A.Selvendran Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the 4th respondent herein to consider the petitioner's representations dated 14.12.2024 and 20.02.2025 seeking issuance of Joint patta in the names of (1)S.Krishnan (petitioner) and his brothers namely, (2)S.Sankaran (3)S.Mahadevan (4)S.Gopal and (5) S.Sampath, the legal heirs of the petitioners deceased father Late.A.Sundara Achari after conducting survey and by demarcating the lands in Survey No.38 (Baimash No.528) patta No.199 measuring an extent of 50 acres, situated in Annadanapatty Village, Salem Taluk and District.
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3. It is stated by the learned counsel for petitioner that in terms of decree and judgment in O.S.No.19 of 1944 and I.A.No.703 of 1945 dated 29.12.1949 in a partition suit, the petitioner's father was allotted 50 acres of land in Survey No.38 and Patta No.199 situated at in Annadanapatty Village, Salem Taluk and District. It is stated that the revenue records such as patta, adangal, chitta and A Register are in the name of petitioner's father. Petitioner's father died on 21.02.1977 while the petitioner's mother predeceased petitioner's father on 03.05.1975 leaving behind their six sons including the petitioner as legal heirs. Petitioner had thus taken out a representation dated 14.12.2024 for issuance of joint patta in the names of petitioner and his brothers, followed by another representation dated 20.02.2025.
Further, 2nd and 3rd respondents forwarded the petitioner's representation to the 4th respondent vide letters dated 08.01.2025 and 24.03.2025 respectively, however, it is stated that the same is pending. It is under these circumstances, the present writ petition is filed praying for a direction to the respondents to dispose of the petitioner's representations dated 14.12.2024 and 20.02.2025 seeking issuance of joint patta.
4. Mr.A.Selvendran, learned Special Government Pleader for respondents would submit that enquiry would be conducted with the petitioner and other legal heirs, petitioner's brothers and any other interested party, appropriate orders 3/6
would be passed after hearing the legal heirs and other interested parties within the time frame to be fixed by this Court.
5. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to consider the representations on its own merits, conduct enquiry and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, other legal heirs, petitioner's brothers and any other interested persons/stake holders, within a period of 12 weeks from the date of uploading of web copy without waiting for receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the representations and it is open to the concerned respondent to consider the representations on its own merits and in accordance with law. No costs.
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To:
1.The District Collector Salem District, Salem-636 001.
2.The Director of Survey and Settlement, Chepauk, Chennai-600 005.
3.The Assistant Director of Survey and Land Records, Collectorate, Salem-636 005.
4.The Tahsildar, Salem South Taluk, Salem-636 010 5.The Sub Registrar, Dadhagapatty, Salem-636 009.
6.The Commissioner, Salem City Municipal Corporation, Salem.
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MOHAMMED SHAFFIQ, J.
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