M.Pugaleswaran v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M..Pugaleswaran ...

Petitioner versus The District Collector Namakkal District.

2.District Revenue Officer Namakkal.

3.The Tahsildar Rasipuram.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.01.2023 and issue patta in favour of the petitioner in resepct of the land in S.No.227/2 TS.No.49 ward C, Block No.18, measuring 0.0183.0 are Rasipuram Taluk. For Petitioner :

Mr.B.Ravi For Respondents :

Mr.A.Selvendran Spl Government Pleader for R1 to R4 1/5

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2. The case of the petitioner is that he is the absolute owner of the property in S.No.227/2, TS.No.49, Ward C, Block 18 measuring to an extent of 0.0183.0 are Rasipuram Taluk. The property was allotted to the petitioner in a partition deed dated 30.06.2014. Originally the property was purchased by his father in Doc.No.1006 of 1999 dated 09.03.1999. One Palanisamy Mudaliar/vendor had filed suit in OS.No.287 of 1984 before the District Munsif, Rasipuram and the same was decreed on 13.11.1992. The Rasipuram Municipality has preferred an appeal in AS.No.22 of 1994, the Sub Court, Namakkal confirmed the decree on 30.01.1997. As against which, second appeal has been preferred before this Court in SA.No.477of 2001 and the same was dismissed on 09.04.2010 by confirming the judgment and decree of the trial Court. The petitioner is in possession and enjoyment of the property and he made a representation to the respondents for issuance of patta on 05.01.2023.

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3.

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent and perused the materials available on record.

4.

The grievance of the petitioner is that he made representation before the respondents to issue patta for property in S.No.227/2, TS.No.49, Ward C, Block 18 measuring to an extent of 0.0183.0 are Rasipuram Taluk. However, the same has not been considered by the respondents. Hence, the present Writ Petition.

5.

Considering the limited nature of the relief sought for in the present Writ Petition, there shall be a direction to the second respondent to consider the representation of the petitioners dated 05.01.2023 and pass appropriate orders on merits for issuance of patta in the name of the petitioner, after giving notice to the neighbouring land owners, within a period of two months from the date of receipt of a copy of this order. 6.

With the above direction, this Writ Petition is disposed of. No costs.

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To The District Collector Namakkal District.

2.District Revenue Officer Namakkal.

3.The Tahsildar Rasipuram.

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N.SATHISH KUMAR , J.

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