Mr.S.Perumal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.29676 of 2024 S.Perumal ...Petitioner Vs.

1. The District Collector, Collectorate, Villupuram.

2. The District Revenue Officer, Collectorate, Villupuram.

3. The Revenue Thasildhar, Vikkiravandi Taluk, Villupuram.

4. The Village Administration Officer, Thiruvanmathur Village, Vikkiravandi Taluk, Villupuram.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to issue patta bearing the plot No.335/81, Senji road, Thiruvamathur Village, mettupalayam, Vikkiravandi Taluk, Villupuram - 605 601, in the petitioner's name which he is entitled to and pass any such orders as this Court may deem fit and proper in the interest of justice.

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For Petitioner : M/s. Archana Samapath For Respondents : Mr.S.J.Sathik Mohamed Government Advocate

O R D E R

The petitioner herein seeks a direction to the third respondent to issue patta in respect of the property viz., plot No.335/81, Senji Road, Thiruvamathur Village, Mettupalayam, Vikkiravandi Taluk, Villupuram - 605 601.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that the above mentioned property has been in possession and enjoyment of the petitioner for the past 30 years. Based on his long possession, the petitioner submitted various representations before the respondents 1 and 2 and requested them issue patta in his name. However, the same has not been considered till date. Therefore, the petitioner is before this Court.

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4. Though the petitioner stated that various representations have been submitted before the respondents 1 & 2, in the typed set of papers, he has not filed copies of said representations submitted before the competent authority viz., the first respondent.

5. Mr.S.J.Sathik Mohamed, learned Government Advocate, who takes notice for the respondents would submit that if any representation is submitted by the petitioner before the first respondent, who is the competent authority, the same would be considered on its own merits and appropriate orders will be passed in accordance with law.

6. In view of the above submission made by the learned Government Advocate, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the petitioner to submit a fresh representation before the first respondent within a period of two weeks from the date of receipt of a copy of this Order. On filing of such representation by the petitioner within the stipulated time, the first respondent shall consider the same and final orders shall be passed on its own merits, after issuing necessary 3/5

notice to all the interested parties within a period of six weeks thereafter.

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

14.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The District Collector, Collectorate, Villupuram.

2. The District Revenue Officer, Collectorate, Villupuram.

3. The Revenue Thasildhar, Vikkiravandi Taluk, Villupuram.

4. The Village Administration Officer, Thiruvanmathur Village, Vikkiravandi Taluk, Villupuram.

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S. SOUNTHAR, J.

av W.P No.29676 of 2024 14.10.2024 5/5