R.Jayalakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition Nos.26040 & 26044 of 2022 1.R.Jayalakshmi ... Petitioner in W.P.No.26040 of 2022 2.A.Mageshwari ... Petitioner in W.P.No.26044 of 2022 Vs.
1.The District Collector, Dharmapuri, 2.The Revenue Divisional Officer, Dharmapuri, 3.The Thasildar, Penagaram Taluk Office, Penagaram Taluk, 4.The Taluk Surveyor, Penagaram Taluk Office, Penagaram Taluk, 5.The Village Administrative Officer, Parvathanahalli, Penagaram Taluk, Page No.1 of 7
... Respondents in all W.Ps COMMON PRAYER: Writ Petitions filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to measure the petitioners' property and issue separate patta based on the individual representation dated 18.08.2022 within stipulated period by affording personal opportunity of hearing.
For Petitioners : Mr.M.Sathish Kumar in all W.Ps For Respondents : Mr.U.Bharanidharan, in W.P.No.26044 Additional Government Pleader of 2022 For Respondents : Mr.T.K.Saravanan, in W.P.No.26040 Government Advocate of 2022 C O M M O N O R D E R By consent of both the parties, these writ petitions are taken up for final disposal at the time of admission stage itself.
2. These Writ Petitions have been filed seeking for issuance of Writ of Mandamus, directing the third respondent to measure the petitioners' property and issue separate patta based on the individual representation dated Page No.2 of 7
18.08.2022 within stipulated period by affording personal opportunity of hearing.
3. The case of the petitioners is that the property situated in Pennagaram Village in Survey No.172/2 was originally owned by petitioners' mother Mrs.Sanjeeviammal. Later, the petitioners' mother sold the aforesaid land measuring an extent of 20 cents & 35 cents to the petitioners and the same was also registered as Sale Deed Doc.Nos.1326 & 1327 of 2012 dated 27.03.2012. Thereafter, the petitioners made an individual representation dated 18.08.2022 before the third respondent to measure the subject property and issue separate patta, till date, the said representation was not considered by the fourth respondent. Hence, these writ petitions.
4. The learned counsel for the petitioners submits that it would suffice if this Court issues a direction to the third respondent to consider the petitioners' individual representation dated 18.08.2022 and pass appropriate orders on merits within a time frame that may be fixed by this Court.
5. The learned Additional Government Pleader and Government Page No.3 of 7
Advocate appearing for the respondents would submit that they have no objection for the said order being passed.
6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioners, this Court without going into the merits of the case, directs the third respondent to consider the petitioners' individual representation dated 18.08.2022 on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioners as well as the aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, these Writ Petitions are disposed of. No costs.
28.09.2022 vm Index :
Yes/No Speaking Order :
Yes/No Page No.4 of 7
Copy To:
1.The District Collector, Dharmapuri, 2.The Revenue Divisional Officer, Dharmapuri, 3.The Thasildar, Penagaram Taluk Office, Penagaram Taluk, 4.The Taluk Surveyor, Penagaram Taluk Office, Penagaram Taluk, 5.The Village Administrative Officer, Parvathanahalli, Penagaram Taluk, Page No.5 of 7
M.DHANDAPANI,J.
vm W.P.Nos.26040 & 26044 of 2022 Page No.6 of 7
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