R.Thangamani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26644 of 2024 R.Thangamani

...Petitioner

Vs.

1.The District Collector Coimbatore 18.

2.The Tahsildar Pollachi Taluk Office Coimbatore.

...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 a combined patta for the house site bearing Survey Nos.116/23 and 116/12, situated at R.Ponnapuram Village, Pollachi Taluk, Coimbatore District, by considering the petitioner's representation dated 30.01.2024, within a time limit to be stipulated by this Court.

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For Petitioner : Mr.S.Senthil Kumar for Ms.M.Krishnaveni For Respondents : Mr.P.Sathish for R1 & R2 Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to issue house site patta in the property situated in S.Nos.116/23 and 116/12 at Ponnapuram Village, Pollachi Taluk, Coimbatore District, by considering her representation dated 30.01.2024.

2. According to the petitioner, the above mentioned property has been in possession and enjoyment of one M.Muniappan. The petitioner entered into the sale agreement with one Muniappan for the purchase of the property on 25.01.2023. Thereafter, the petitioner filed a suit for specific performance in OS.No.348 of 2023, on the file of the Sub-Court, Pollachi and obtained a decree in his favour. Thus, the petitioner has been in possession and enjoyment of the property on the strength of the Civil Court decree. At the time of issuing patta for Natham lands, the petitioner was issued patta only in respect of 2/5

S.No.116/12 which was classified as vacant site. Therefore, the petitioner submitted a representation on 30.01.2024 requesting the respondent to issue composite patta in respect of the land situated n S.Nos.116/23 and 116/12, the same has not been considered till date. Hence, the petitioner is before this Court.

3. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 & 2 would submit that the representation of the petitioner will be considered, on its own merits, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the representation of the petitioner dated 30.01.2024 and pass final orders, on its own merits, within a period of six weeks from the date of receipt of copy of this order.

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

13.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The District Collector Coimbatore 18.

2.The Tahsildar Pollachi Taluk Office Coimbatore.

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S.SOUNTHAR , J.

dna W.P No.26644 of 2024 13.09.2024 5/5