R.Kolanji v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.23427 of 2024 R.Kolanji

...Petitioner

Vs.

1.The District Collector, Kallakurichi, Kallakurichi District.

2.The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.

3.The Tahsildar, Ulundurpet, Kallakurichi District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to issue patta in the name of petitioner in respect of the property situated in Survey No.45/1, Sikkadu colony, Ulundurpet Taluk, Kallakuruchi District by considering the petitioners representation dated 19.12.2022.

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For Petitioner : Mr.R.Suryaprakash For Respondents : Mr.P.Sathish for R1 to R3 Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to consider the representation dated 19.12.2022 and issue patta in her name, in respect of the property situated in Survey No.45/1, Sikkadu Colony, Ulundurpet Taluk, Kallakuruchi District.

2. According to the petitioner, she has been in possession and enjoyment of 0.2 1⁄4 cent in S.No.45/1 for quite long time. She submitted a representation to the first respondent on 19.12.2022 seeking issuance of patta in respect of the above mentioned property. However, the same has not been considered till date.

3. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 to 3 would submit that the petitioner encroached the above 3 cents in S.No.45/1 and his encroachment was removed 2/5

on 08.12.2022 and as on today no body is in possession of the property in S.No.45/1 which is classified as Kallanguthu Poromboke.

4. In view of the submission made by the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 3, without going into the merits of the claim made by either of the parties, this Court is inclined to issue a direction to the first respondent to consider the representation submitted by the petitioner dated 19.12.2022 and pass final orders, on its own merits, within a period of six weeks from the date of receipt of copy of this order.

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

16.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 3/5

To 1.The District Collector, Kallakurichi, Kallakurichi District.

2.The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.

3.The Tahsildar, Ulundurpet, Kallakurichi District.

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S.SOUNTHAR , J.

dna W.P No.23427 of 2024 16.08.2024 5/5