M.K. Manickasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.Nos.21308 and 21327 of 2024 M.K.Manickasamy .. Petitioner in W.P.No.21308/2024 S.Nagapushanam .. Petitioner in W.P.No.21327/2024
Versus
1.The District Collector, Office of Collectorate , Chengalpattu District.
2.The Revenue Divisional Officer, Office of Revenue Divisional Office, Madhuranthagam, Chengalpattu District.
3.The Tahsildar, Office of Tahsildar, Cheiyur Taluk, Chengalpattu District.
4.Pargunan ... Respondents in W.P.No.21308/2024 1.The District Collector, Office of Collectorate , Chengalpattu District.
2.The Revenue Divisional Officer, Office of Revenue Divisional Office, Chengalpattu District.
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4.The Tahsildar, Office of Tahsildar, Thiruporur Taluk, Chengalpattu District.
Respondents in W.P.No.21327/2024 Prayer: W.P.No.21308 of 2024 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider the representation of the petitioner dated 27.06.2024 in accordance with law and to cancel the Patta bearing No.177 issued in the name of Kuppusamy father of Pargunan the 4th respondent herein and issue Patta in my name for the land to an extent of 22 cents in S.No.424/2 in Mugaiyur Village, Seiyur Taluk, Chengalpattu District. W.P.No.21327 of 2024 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider the representation of the petitioner dated 27.05.2024 in accordance with law and to issue Patta in the name of the petitioner for the lands in S.No.
17 to an extent of 40 cents in Poondi Village, Mullipakkam Post, Thiruporur Taluk Chengalpattu District. For Petitioner : Mr.K.Duraimurugan in both Wps For Respondents : Mr.P.Sathish, in both WPs Additional Government Pleader COMMON ORDER With the consent of both sides, the main writ petitions themselves are taken up for final disposal at the admission stage.
2.These Writ Petitions are fi1ed to issue a direction to the respondents herein to consider the representation of the petitioners dated 27.06.2024 and 27.05.2024 respectively in accordance with law and to cancel the Patta bearing No.177 issued in the name of Kuppusamy father of Pargunan the 4th respondent herein and issue Patta in the name of the petitioner in W.P.No.21308 of 2024 for the land to an extent of 22 cents in S.No.424/2 in Mugaiyur Village, Seiyur Taluk, Chengalpattu District and to issue Patta in the name of the petitioner in W.P.No.21327 of 2024 for the lands in S.No.17 to an extent of 40 cents in Poondi Village, Mullipakkam Post, Thiruporur Taluk Chengalpattu District.
3.The case of the petitioner in W.P.No.21308 of 2024 is that originally the land to an extent of 45 cents in S.No.424/1, Mugaiyur Village belongs to the petitioner's grandfather viz., Samarapuri. Out of 45 cents, the petitioner's father late Kuppusamy and his brother viz., Venkatraman were allotted equally 22 1⁄2 cents of lands. The petitioner has purchased the property allotted to Venkatraman vide document No.1172 of 2011 dated 28.03.2011 and patta was also issued to an extent of 23 cents of land in S.No.424/1.In the meanwhile, the fourth respondent, who is none other than the grandson of one Ramasamy, from whom the petitioner's grandfather had purchased 45 cents of 3/7
land(out of 70 cents), had obtained patta bearing No.177 for an extent of 47 1⁄2 cents of land in Survey No.424/2 by including 22 cents of lands belonging to the petitioner's father late Kuppusamy, as the name of father of the petitioner and the name of father of fourth respondent is one and the same viz., Kuppusamy. Therefore, on 27.06.2024, the petitioner had made representation before respondents 1 to 3 to cancel the patta bearing No.177 standing in the name of Kuppusamy i.e., the father of the fourth respondent and issue patta in the name of the petitioner for the lands to an extent of 22 cents in S.No.424/2 in Mugaiyur Village, Seiyur Taluk, Changalpattu District. However, no action was taken by the respondents to grant patta to him. Hence, the present Writ Petition.
4.The case of the petitioner in W.P.No.21327 of 2024 is that her husband viz., late Sivaraj was the owner of the punja and nanja lands to an extent of 3 acres and 98 cents situated in Poondi Village, Mullipakkam post, Thiruporur Taluk, Chengalpattu District. The same was allotted to him vide partition koor chit dated 02.01.1985. While issuing patta to the said lands, inadvertently, the authorities have not issued patta to an extent of 40 cents in S.No.17. As the petitioner is the absolute owner of the said land after demise of her husband on 24.05.2013, she made representation to the respondents on 4/7
27.05.2024 seeking to issue patta the above mentioned land. However, no action was taken by the respondents to grant patta to the petitioner. Hence, the present Writ Petition.
5.Heard learned counsel for the petitioner, learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
6. Considering the limited relief sought for in these writ petitions, the respondents are directed to consider the representation of the petitioners dated 27.06.2024 and 27.05.2024 respectively and pass appropriate Orders on the same on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.
7. With the above direction, these writ petitions are disposed of. No costs.
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To 1.The District Collector, Office of Collectorate , Chengalpattu District.
2.The Revenue Divisional Officer, Office of Revenue Divisional Office, Madhuranthagam, Chengalpattu District.
3.The Tahsildar, Office of Tahsildar, Cheiyur Taluk, Chengalpattu District.
4.The Tahsildar, Office of Tahsildar, Thiruporur Taluk, Chengalpattu District.
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N. SATHISH KUMAR , J.
raa W.P.No.21308 & 21327 of 2024 29.07.2024 7/7