Pappal @ Pappathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.26340 and 26341 of 2014 and M.P.Nos.1 and 1 of 2014 and W.M.P.Nos.763 and 764 of 2018 Pappal @ Pappathi ... Petitioner in W.P.No.26340 of 2014 G.Raja ... Petitioner in W.P.No.26341 of 2014 Vs.

1. The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer / Assistant Collector, Mettur Revenue Division, Mettur Dam-1, Salem District.

3.The Tahsildar, Mettur Taluk, Mettur Dam-1, Salem District.

4.The President, N.Kalipatti Village Panchayat, Kalipatti, Mettur Taluk, Salem District.

...Respondents in both W.Ps.

Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 4th respondent from interfering into petitioner's peaceful possession and enjoyment of the property in Survey No.25/2 at M.Kalipatti Village, Mettur Taluk, Salem District and consequently directing the respondents 1 to 3 to consider the petitioner's claim to grant of patta to the petitioner for the said land within the stipulated time.

For Petitioner in both W.Ps.

: Mr.M.R.Jothimanian

For Respondents in both W.Ps.

: Mr.Gokul Krishnan Government Advocate CO M M O N O R D E R Both the writ petitions have filed to issue a Writ of Mandamus, forbearing the 4th respondent from interfering into petitioner's peaceful possession and enjoyment of the property in Survey No.25/2 situated at M.Kalipatti Village, Mettur Taluk, Salem District and consequently directing the respondents 1 to 3 to consider the petitioners' claim to grant of patta to the petitioner for the said land within the stipulated time.

2. The learned counsel for the petitioners submitted that though both the writ petitioners filed the petitions forbearing the 4th respondent from interfering into petitioners' peaceful possession and enjoyment of the property in Survey No.25/2 situated at M.Kalipatti Village, Mettur Taluk, Salem District, due to paucity of time, the first limb of the prayer sought for in both the writ petitions do not require. However, the consequential prayers are required for directing the respondents in respect of issuance of patta to the petitioners.

3. Considering the said submission made by the learned counsel for the petitioners, without going into the merits of the case, restricted their prayer only for issuance of patta for the subject land.

4. Accordingly, the petitioners in the both the writ petitions are directed to send their representations along with the relevant documents before the 1st respondent within a period of two weeks from the date of receipt of a copy of this order. On the receipt of the same, the 1st respondent is directed to consider the same on merits and in accordance with law within a period of 12 weeks thereafter.

5. With the above direction both the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To

1. The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer / Assistant Collector, Mettur Revenue Division, Mettur Dam-1, Salem District.

3.The Tahsildar, Mettur Taluk, Mettur Dam-1, Salem District.

4.The President, N.Kalipatti Village Panchayat, Kalipatti, Mettur Taluk, Salem District.

W.P.Nos.26340 and 26341 of 2014 and M.P.Nos.1 and 1 of 2014 and W.M.P.Nos.763 and 764 of 2018 GJ(CO) SP(11/11/2021)