← Library
Madras High CourtWP/22009/2019disposed of

S.Muniyan v. The District Collector,

2020-03-02Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH W.P. No. 22009 of 2019 1.S.Muniyan 2.Chennammal ... Petitioners Vs 1.The District Collector, O/o.The District Collector, Tiruvannamalai, Tiruvannamalai District.

2.The Tahsildar, Thandrampattu Taluk, Tiruvannamalai District.

3.The Head Surveyor, Thandrampattu Taluk, Tiruvanammalai District.

... Respondents PRAYER : 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 07.11.2018 and thereby direct the respondent to issue individual patta in the name of the 1st and 2nd petitioners in respect of their respective portion of residential property situated at Survey No.84/4D1 and 84/4E, Door No.517, Gandhi Street, Thanipadi Village and Post, Thandrampet Taluk, Tiruvannamalai District, totally to an extent of 1105 1⁄2 Sq.ft in the name of the first petitioner and 1090 Sq.ft. in the name of the second petitioner.

For Petitioners : Mr. A.Rajesh Kanna For Respondents : Mr. S.N.Parthasarathi Government Advocate

O R D E R

This Writ Petition has been filed for the issuance of the Writ of Mandamus directing the respondents to issue individual patta in the name of first and second petitioners in respect of their property.

2. The petitioners are the husband and wife and they are the joint owners of the property. The first petitioner originally purchased the entire property by registered sale deed dated 23.6.1995. Subsequently, he had settled a portion of the property in favour of the second petitioner by registered settlement deed dated 09.03.2009. The petitioners are now seeking for individual patta. The petitioners have made an application in this regard on 07.11.2018. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr. A.Rajesh Kanna, learned counsel appearing on behalf of the petitioners and Mr. S.N.Parthasarathi, learned Government Advocate, appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the second respondent to consider the application made by the petitioners on 17.11.2018 and appropriate orders shall be passed in accordance with law, within a period of four weeks from the date of receipt of copy of this order. The petitioners are directed to make a fresh representation to the second respondent along with a copy of this order.

5.The Writ Petition is disposed of with the above directions. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar bkn

To

1. The District Collector, O/o.The District Collector, Tiruvannamalai, Tiruvannamalai District.

2. The Tahsildar, Thandrampattu Taluk, Tiruvannamalai District.

3. The Head Surveyor, Thandrampattu Taluk, Tiruvanammalai District.

+1 CC to The Govt. Pleader sr 18752.

+1 CC to Mr.A. Rajesh Kannan, Advocate sr 18153. W.P. No. 22009 of 2019 RSI(CO) SP(14/07/2020)