T.Natesan, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14354 of 2018 R.Natesan ..

Petitioner -vs1.The District Collector, Office of Collectorate, Vellore, Vellore District.

2.The Sub Collector, Office of the Sub Collector, Tirupattur, Vellore District.

3.The Tahsildar, Office of the Tahsildar, Natrampalli Taluk, Natrampalli, Vellore District.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the third respondent to conduct enquiry in respect of patta to the petitioner and submit report to the second respondent for the lands measuring 1.72 acres in old Survey No.226/2, Survey No.226/2D, Punjai land of Paniyandappalli, Natrampalli Taluk, Vellore District.

For Petitioner ::

Mr.S.Gunaseelan For Respondents ::

Mr.D.Surya Narayanan, Additional Government Pleader

ORDER

The petitioner seeks a direction to the third respondent to conduct enquiry in respect of his patta and submit a report to the second respondent for the lands measuring 1.72 acres in old Survey No.226/2, Survey No.226/2D, Punjai land of Paniyandappalli, Natrampalli Taluk, Vellore District. 2.The case of the petitioner is that he is the absolute owner of 1.72 acres in Old Survey No.226/2, Survey No.226/2D in

Paniyandapalli, Natrampalli Taluk, Vellore District. According to him, the lands originally belonged to one V.C.Rathinam and he acquired the lands on 23.02.1988 from his father Chennappa Gounder and registered the Settlement Deed as Document No.148/1988 before the Sub Registrar, Office of Natrampalli, Vellore District. The petitioner has purchased the lands from Gnambal on 02.05.2012 by way of Sale Deed and registered the document No.1190/2012 before the Sub Registrar Office, Natrampalli, Vellore District and he has been in possession and enjoyment of the lands and cultivating the lands till date. The petitioner has approached the third respondent seeking issuance of patta in respect of his land, but till date there has been no response from him. Hence, this petition seeking the above prayer.

3.Learned counsel for the petitioner would submit that the Sub Collector, Vellore District, the second respondent herein by proceeding dated 23.03.2018 has addressed the Tahsildar, Vellore District, the third respondent herein to conduct enquiry and submit a report with regard to the case of the petitioner. He would further submit that the Additional Chief Secretary, Chennai, by letter dated 14.02.2018 has addressed the District Revenue Officer, Vellore District to look into the petitioner's case and to conduct enquiry and to file a report. Therefore, learned counsel for the petitioner prays for a direction be issued to the respondents.

4.Learned Additional Government Pleader appearing for the respondents sought four weeks time to submit a report by the Tahsildar.

5.Considering the submission made by both sides, this Court hereby directs the Tahsildar, the third respondent herein to submit a report to the second respondent within a period of four weeks from today and on receipt of the same, the second respondent will pass final orders within a period of two weeks thereafter. Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar vga

To 1.The District Collector, Office of Collectorate, Vellore, Vellore District.

2.The Sub Collector, Office of the Sub Collector, Tirupattur, Vellore District.

3.The Tahsildar, Office of the Tahsildar, Natrampalli Taluk, Natrampalli, Vellore District.

+1cc to Mr.S.Gunaseelan, Advocate SR.No.37396 +1cc to Government Pleader SR.No.37947 W.P. No.14354 of 2018 KJI(CO) GN(27/06/2018)