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Madras High CourtWP/26559/2019disposed of

M.Amavasai v. The District Collector,

2021-08-05Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No. 26559 of 2019 and WMP.No.25932 of 2019 M.Amavasai

...Petitioner

Vs.

1. The District Collector,

2. The Revenue Divisional Officer,

3. The Tahsildar,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 01.04.2019 and issue patta in his favour in respect of land measuring an extent of 4 cents comprised in Survey Nos.110/17 and 110/23 and an extent of 7 1⁄2 cents in Survey No.110/18, 110/46 and 110/47 of Pavupattu Village, Thiruvannamalai Taluk and District.

For Petitioner .. Mr.B.Janakiram For Respondents .. Mr.K.M.D.Muhilan Govt.Advocate

ORDER

The writ petition has been filed in the nature of Mandamus seeking a direction to the respondents to consider the representation of the petitioner dated 01.04.2019 and issue patta in his favour in respect of lands measuring an extent of 4 cents comprised in Survey Nos.110/17 and 110/23 and an extent of 7 1⁄2 cents in Survey No.110/18, 110/46 and 110/47 of Pavupattu Village, Thiruvannamalai Taluk and District.

2.The petitioner claims to be the owner of the property measuring an extent of 4 cents in survey No.110/17 & 110/23 and another extent of 71⁄2 cents in survey No.110/18, 110/46 and 110/47 all in Pavupattu Village, Thiruvannamalai District. 3.The petitioner claims that he has purchased the said property by an unregistered sale deeds dated 06.12.1995 and 28.09.1995 and also dated 23.05.1996. He claims that he had also constructed a cement sheet house. He has also obtained electricity service connection. He also claims that he is in a continuous possession for the past 24 years. He then applied for patta in his name. Rather unfortunately, the respondent, particularly, the third respondent Thasildar Thiruvannamalai had not taken any step. In this connection, the petitioner had given a representation on 01.04.2019 and it is also brought to the notice of this Court that the first respondent had also forwarded the representation to the third respondent directing him to take necessary action.

4.A counter has been filed in which the third respondent had stated that he would dispose of the representation after the disposal of the present writ petition. The said stand of the third respondent is to be condemned. The third respondent is hereby directed to dispose of the representation dated 01.04.2019 within a period of 6 weeks from the date of receipt of a copy of this order. He may issue notice to the petitioner and also enquire the petitioner with respect to the nature of the holding of the lands mentioned by the petitioner. The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

5.The petitioner may give a fresh copy of the representation directly to the third respondent.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sms To

1. The District Collector,

2. The Revenue Divisional Officer,

3. The Tahsildar, +3CCs to Mr.B.Janakiram, Advocate, Sr.No.38774 +1CC to Government Pleader, Sr.No.38849 W.P.No.26559 of 2019 and WMP.No.25932 of 2019 PL (CO) K.RK. (02.09.2021)