K.Ranganayagi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.28604 of 2022 K.Ranganayagi ... Petitioner Vs.
1. The District Collector, O/o. the District Collector, Coimbatore,
2. The Revenue Divisional Officer, O/o. Revenue Divisional Officer
3. The Tahsildar, Annur Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent herein to consider my representation dated 03.06.2022 to issue a patta in respect of the land situated in Survey No.2/1, Acre 0.08 cent and 2/3 Acre 0.84-1/8 cent totally admeasuring 92 cents in the year 1938 and 1949 vide Document No's.377/1938, 992/1938 and 117/1949 respectively on the file of the SRO, Periyanayakkan Palayam, Coimbatore District in Sarkarsamakkulam Village, Periyanayakkan Palayam Sub division, Coimbatore District. 1/5
For Petitioner : M/S.KJ.Shiva Arudhra For Respondents : Mr.U.Bharanidharan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the third respondent herein to consider the petitioner's representation dated 03.06.2022 to issue a patta in respect of the land situated in Survey No.2/1, Acre 0.08 cent and 2/3 Acre 0.84-1/8 cent totally admeasuring 92 cents in the year 1938 and 1949 vide Document No's.377/1938, 992/1938 and 117/1949 respectively on the file of the Sub Registrar Office, Periyanayakkan Palayam, Coimbatore District in Sarkarsamakkulam Village, Periyanayakkan Palayam Sub division,
2. The case of the petitioner is that the petitioner's grandmother namely, Late Ramayee purchased the aforesaid property and after her demise, the entire property has been maintained and enjoyed by petitioner's father as a joint family property without any hindrance. It is stated that the petitioner's father made several steps to get patta in respect of the other legal heirs also. However, no response had evoked from the respondents. Thereafter, the petitioner made a representation dated 03.06.2022 before the 2/5
third respondent, seeking issuance of patta in respect of the aforesaid property in the name of the petitioner and other legal heirs. Since the said representation was not considered by the respondents, the petitioner had filed the present Writ Petition.
3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, this Court vide order dated 31.10.2022 issued direction to the third respondent to consider the petitioner's representation, if it is otherwise in order, on or before 14.11.2022. However, the said representation was not considered by the third respondent. Further, he submitted that it would suffice, if this Court issues a direction to the third respondent to consider the petitioner's representation dated 03.06.2022 and pass orders on the same within a particular time frame to be fixed by this Court.
4. The learned Additional Government Pleader appearing for the respondents submitted that, the petitioner's representation will be considered and appropriate orders will be passed in the manner known to law.
5. In view of the above, this Court, without expressing any opinion 3/5
on the merits of the case, directs the third respondent to consider the petitioner's representation dated 03.06.2022 and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
6. With the above observation and direction, this Writ Petition is disposed of. No costs.
01.12.2022 Index : Yes / No Speaking order: Yes/ No jd To
1. The District Collector, O/o. the District Collector, Coimbatore,
2. The Revenue Divisional Officer, O/o. Revenue Divisional Officer
3. The Tahsildar, Annur Taluk, 4/5
M.DHANDAPANI, J.
jd W.P. No.28604 of 2022 01.12.2022 5/5