Gopal 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.26777 of 2024 Gopal
...Petitioner
Vs.
1. The District Collector, District Collectorate Office, Dharmapuri District.
2. The District Revenue Officer, District Collectorate Office, Dharmapuri District.
3. The Revenue Divisional Officer, RDO Office, Harur Taluk, Dharmapuri District.
4. The Tahsildar, Taluk Office, Haur Taluk, Dharmapuri District.
5. The Land Surveyor, Tahsildar Office, Harur Taluk, Dharmapuri District.
6. Narasimman
...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 consider and dispose petitioner's representation dated 15.07.2024 requesting to survey and to issue individual patta to petitioner's agricultural land comprised in Survey 1/6
No.12/3, situate at Neruppandakuppam Village, Harur Taluk, Dharmapuri District admeasuring an extent of 1.27 acres, as per the sale deed dated 05.09.1988 bearing document No.1473/1988 and as per revenue records by cancelling the patta inadvertently issued in the name of the sixth respondent relating to Survey Nos.12/3B and 12/3C situate at Neruppandakuppam Village, Harur Taluk, Dharmapuri District measuring an extent of 57 cents, within the time frame to be fixed by this Court.
For Petitioner : Mr.D.Rameshkumar For R1 to R5 : Mr.P.Sathish, Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the third respondent to consider and dispose of his representation dated 15.07.2024 requesting to survey and issue a patta in respect of his land measuring an extent of 1.27 acres in survey No.12/3, situate at Neruppandakuppam Village, Harur Taluk, Dharmapuri District, as per the sale deed dated 05.09.1988 bearing Doc.No.1473/1988 and as per the revenue records. 2/6
2. By consent of both the learned counsel appearing for the petitioner as well as respondents 1 to 5, this writ petition is disposed of at the admission stage itself.
3. According to the petitioner, his father Peruman purchased an extent of 1.27 acres in S.No.12/3 at Neruppandakuppam Village, Harur Taluk, Dharmapuri District, under the registered sale deed dated 05.09.1988 and was in possession and enjoyment of the same. After his death, the petitioner has been in possession and enjoyment of the said property, by way of inheritance. The sixth respondent herein also purchased a portion of the said survey number measuring an extent of 80 cents from the same vendor of the petitioner's father on 05.09.1988. However, while sub-dividing the survey number, the revenue officials issued patta to the petitioner in S.No.12/3A for the extent of 70 cents only, instead of 1.27 acres. Therefore, the petitioner submitted a representation dated 15.07.2024 to the respondents seeking issuance of patta in respect of the entire extent purchased by his father and the same has not been considered till date. Therefore, the petitioner is before this Court.
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4. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 to 5 would submit that the representation of the petitioner would be considered on its own merits and appropriate orders will be passed.
5. In view of the above submission made by the learned Additional Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the fourth respondent to consider the representation of the petitioner dated 15.07.2024 and pass final orders, after issuing notice to the petitioner as well as the sixth respondent and any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.
6. 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 av 4/6
To
1. The District Collector, District Collectorate Office, Dharmapuri District.
2. The District Revenue Officer, District Collectorate Office, Dharmapuri District.
3. The Revenue Divisional Officer, RDO Office, Harur Taluk, Dharmapuri District.
4. The Tahsildar, Taluk Office, Haur Taluk, Dharmapuri District.
5. The Land Surveyor, Tahsildar Office, Harur Taluk, Dharmapuri District.
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S. SOUNTHAR, J.
av W.P No.26777 of 2024 13.09.2024 6/6