S.Vasanthi Kala v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM:

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P. No.22201 of 2021 and W.M.P. No.23424 of 2021

1. Mrs. S. Vasanthi Kala,

2. Sellamuthu @ Selvam, ... Petitioners -Vs1. The District Collector, Krishnagiri District.

2. The Revenue Divisional Officer, Krishnagiri District.

3. The Tahsildar, Hosur, Krishnagiri District.

... Respondents PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for to issue Writ of Mandamus directing the Tahsildar, Hosur/3rd respondents herein to consider on merits and issue Patta in the name of the petitioners as per registered Document No.1362 and pass appropriate orders on the petitioners' representation dated 12.08.2021 accordingly.

For Petitioner :: Mr. R.Srinivasalu For Respondents :: Mr. V. Veluchamy (Government Advocate)

O R D E R

This Writ Petition has been filed under Article 226 of the Constitution of India, praying for to issue Writ of Mandamus directing the directing the Tahsildar, Hosur/3rd respondents herein to consider on merits and issue Patta in the name of the

petitioners as per registered Document No.1362 and pass appropriate orders on the petitioners' representation dated 12.08.2021 accordingly.

2.The learned counsel for the petitioner would submit that the petitioners have jointly purchased a land of an extent of 2400 Sq.ft., bearing Door No.56, Tank Street, Hosur Town, Ward B Block, comprised in T.S. No.115, and Survey No.6/1A/1A/1A/4, as per Natham, Hosur Village, Hosur Taluk, Krishnagiri District, by way of a Sale Deed bearing Document No.1362 dated 27.01.2021, on the file of the Sub-Registrar, Hosure from Mr. B. Ravi Reddy, R. Yatin and R.Pratin, minor represented by Mr.B. Ravi Reddy. After the purchase of the aforesaid property, the petitioners have submitted a representation dated 12.08.

2021 to the 3rd respondent requesting to sub-divide the properties under the aforesaid Sale Deed and issue separate Patta to the petitioners in the individual names at the earliest to enable them to pay property tax to the appropriate authorities and to obtain separate Electricity and water supply connections and water supply in their individual name. Despite the representation dated 12.08.2021 has been duly received by the 3rd respondent, there is no action and reply on the said representation.

3. It has been further submitted that it is the bounden duty of the 3rd respondent that if any application is received from the General Public, the same is to be disposed of within a reasonable time. However, even passing two months, the 3rd respondent did not take any action on the representation dated 12.08.2021 submitted by the petitioner herein. Hence, the petitioners are left with no other alternative and efficacious remedy except to approach this Court by invoking its jurisdiction under Article 226 of Constitution of India to issue a Writ of Mandamus directing the respondents to issue Patta in the name of the petitioners within a time frame as fixed by this Court.

4. The learned Government Advocate for the respondents would submit that the patta are being issued as per the seniority basis. However, the respondents may be directed to issue Patta in the name of the petitioners within a time framed as fixed by this Court.

5. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents as well as perused the material available on records.

6. Having considering the facts and circumstances of the case and the submissions of the learned counsel on either side, this Court without expressing any opinion with regard to the merits of the case, directs the respondents to consider the

representation dated 12.08.2021 of the petitioners herein in order to grant separate Patta in their name and pass appropriate orders within a period of Six months from the date of receipt of copy of this order in accordance with law since the said property has been purchased jointly by the petitioners herein.

7. In the result, the Writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed if any. There shall be no order as to costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Lbm To:

1. The District Collector, Krishnagiri District.

2. The Revenue Divisional Officer, Krishnagiri District.

3. The Tahsildar, Hosur, Krishnagiri District.

+1cc to the Government Pleader, S.R.No.54613 W.P. No.22201 of 2021 and W.M.P. No.23424 of 2021 BP(CO) CT 24/01/2022