Narasiman v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Narasiman ... Petitioner Vs 1.The District Collector, O/o. The District Collector, Dharmapuri District, Dharmapuri.
2.The Revenue Divisional Officer, O/o. The District Collector, Dharmapuri District, Dharmapuri.
3.The Tahsildar, Dharmapuri Taluk Office, Dharmapuri Taluk, Dharmapuri District.
4.The District Forest Officer, Dharmapuri District, Dharmapuri.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondent to issue the patta in the name of the petitioner in respect of the property, which is situated at S.No.458, Nagalamman Kombai, V.Muthampatti, Dharmapuri Taluk and District based on the representation of the petitioner dated 18.01.2021.
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For Petitioner : Mr.M.Senthilkumar For Respondents : Mr.P.Sathish Additional Govt. Pleader
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the 3rd respondent to issue patta in the name of the petitioner in respect of the property, which is situated at S.No.458, Nagalamman Kombai, V.Muthampatti, Dharmapuri Taluk and District based on the representation of the petitioner dated 18.01.2021.
2. The petitioner claims that, from his forefathers, first the petitioner's father, subsequently the petitioner has been in possession and enjoyment of the property situated at Nagalamman Kombai, V.Muthampatti, Dharmapuri District.
3. Therefore in order to get patta for the said land, the petitioner has given a representation on 18.01.2021 to the District Collector i.e. the 1st respondent and in order to consider the said representation and to pass orders, the petitioner seeks indulgence of this Court by way of mandamus.
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4. Heard Mr.M.Senthilkumar, learned counsel appearing for the petitioner who having reiterated the aforesaid would seek indulgence of this Court.
5. Heard Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents who would submit that, the petitioner as a matter of right cannot claim patta on the Government land and if it is a natham land wherein the petitioner has been in continuous possession and enjoyment for several decades, as claimed by him, that would be verified and after verification, it would be considered and decided on merits by the 1st respondent by disposing the representation of the petitioner within a time frame that may be stipulated by this Court.
6. Considering the said submission made by the learned Additional Government Pleader for the respondents and having regard to the aforestated facts and circumstances of the case, this Court is inclined to dispose of this writ petition with the following orders: There shall be a direction to the 1st respondent to consider the application/representation submitted by the petitioner dated 18.01.2021 and pass orders thereon on 3/5
merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
7. With this direction, this Writ Petition is disposed of. No costs. 19.01.2023 Index : Yes/No Speaking Order : Yes/No Sgl To 1.The District Collector, O/o. The District Collector, Dharmapuri District, Dharmapuri.
2.The Revenue Divisional Officer, O/o. The District Collector, Dharmapuri District, Dharmapuri.
3.The Tahsildar, Dharmapuri Taluk Office, Dharmapuri Taluk, Dharmapuri District.
4.The District Forest Officer, Dharmapuri District, Dharmapuri.
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R.SURESH KUMAR, J.
Sgl 19.01.2023 5/5