T.Anand, S/O.D.Thulasi, v. The District Collector Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Anand
...Petitioner
Vs.
1.
The District Collector of Kancheepuram District, Office of the District Collector, Collectorate, Kancheepuram.
2.
The Revenue Divisional Officer, Kancheepuram District, Kancheepuram - 631 501.
3.
The District Revenue Officer, Kancheepuram District, Kancheepuram - 631 501.
4.
The Tahsildar, Office of the Tahsildar, Kancheepuram Taluk, Kancheepuram - 631 501.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to pass orders on the petitioner's representation dated 11.02.2017 in accordance with law so as to enable the petitioner to have his name entered in the Patta, Chitta and Adangal and Village Records in respect of the land property situated in 1/7
Senthamil Nagar, Nathampettai Village, Kancheepuram Taluk and District, comprised in Survey Nos.274/7, 299/11 and 299/13, measuring 43 cents. For Petitioner : Mr.D.Ravi For Respondents : Mr.A.Anandan, GA
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 11.02.2017 and issue patta in his favour.
2. The case of the petitioner is that originally the lands measuring an extent of 43 cents, comprised in Survey Nos.274/7, 299/11 and 299/13, situated at Senthamil Nagar, Nathampettai Village, Kancheepuram Taluk and District belonged to one Sugumar. After the demise of said Sugumar, the said property was inherited by his brother namely, Raja and subsequently the said Raja executed a General Power of Attorney Deed in favour of one George, from whom the petitioner purchased the above said property, vide, registered Sale Deed dated 21.08.2015 bearing Doc.No.4627 of 2015. Pursuant to said purchase, the petitioner made an application before the 4th respondent for issuance of patta, however, no action has been 2/7
initiated by the Tahsildar. Whileso, on enquiry the petitioner came to know that patta in Patta No.124 for the said property was issued in favour of one Gopal Naicker. Immediately thereafter, the petitioner filed a petition dated 10.09.2015 before the 1st respondent, however, it yielded no result. Aggrieved by the same, the petitioner made a representation dated 11.02.2017 before the respondents, requesting to cancel the wrong patta in Patta No.124 issued in the name of said Gopal Naicker in respect of the subject property and issue patta in favour of the petitioner. However, till date, no orders have been passed on the said representation. Hence, this Writ petition.
3. Though very many grounds have been raised, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the 4th respondent to consider the petitioner's representation dated 11.02.2017, cancel the patta in Patta No.124 issued in favour of said Gopal Naicker and subsequently, issue patta in respect of the subject property in favour of the petitioner as early as possible.
4. Learned Government Advocate appearing on behalf of the 3/7
respondents has no serious objection for said order being passed and he fairly conceded that the petitioner's representation dated 11.02.2017 will be considered, if not considered already and appropriate orders will be passed within the time stipulated by this Court.
5. In view of the above submissions, this Court, without expressing any opinion on the merits of the case, issues direction to the 4th respondent to consider the petitioner's representation dated 11.02.2017 on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved person if any.
6. With the above observations, this writ petition is disposed of. No costs.
23.06.2022 skt Speaking Order : Yes/ No Index : Yes/ No 4/7
To 1.
The District Collector of Kancheepuram District, Office of the District Collector, Collectorate, Kancheepuram.
2.
The Revenue Divisional Officer, Kancheepuram District, Kancheepuram - 631 501.
3.
The District Revenue Officer, Kancheepuram District, Kancheepuram - 631 501.
4.
The Tahsildar, Office of the Tahsildar, Kancheepuram Taluk, Kancheepuram - 631 501.
5/7
M.DHANDAPANI,J.
skt 6/7
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