S.Thangayee v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Thangayee ... Petitioner versus 1.The District Collector, Kallakurichi District, Kallakurichi - 606 401.

2.The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.

3.The Tahsildar, Sankarampuram & Taluk, Kallakurichi District.

4.D.Rajasekaran S/o.Devarajan, 1/115, North Street, Nedumanur (Post), Sankarapuram Taluk, Kallakurichi District - 606 208.

.... Respondents [4th respondent suo motu impleaded as per order of this Court dated 10.10.2023 in W.P.No.29345 of 2023 ] Pg.Nos.1/5

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to directing the respondents to consider his representation dated 02.08.2023 to issue patta to the petitioner for her residential land measuring above 4 cents in S.No.300/2 in the Nedumanur Village, Sankarapuram Taluk, Kallakurichi District in which the petitioner has put a house and a bathroom and a toilet under Government Scheme. For Petitioner : Mr.S.Ayyathurai For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1 to R3 Mr.D.Babu for R4

O R D E R

Mr.V.Veluchamy, learned Additional Government Pleader, takes notice for respondents 1 to 3 and Mr.D.Babu, learned counsel takes notice for the fourth respondent. By consent of both the parties the writ petition is taken up for final disposal at the admission stage, itself.

2. The petitioner has come up with the present writ petition, for a mandamus, directing respondents 1 to 3 to consider her representation dated 02.08.2023, wherein and whereby she sought for issuance of patta to her Pg.Nos.2/5

residential land measuring an extent of 4 cents in S.No.300/2 situated at Nedumanur Village, Sankarapuram Taluk, Kallakurichi District.

3. The learned counsel for the petitioner submitted that though the petitioner has given representation on 02.08.2023 to the first respondent, the first respondent has not passed any order so far. Hence, the petitioner is before this Court.

4. The learned Additional Government Pleader appearing for respondents 1 to 3 submitted that the third respondent may be directed to consider the petitioner's representation and pass orders on merits in accordance with law, after giving notice to all the interested parties including the fourth respondent, within a time frame.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, I direct the third respondent to consider the representation of the Pg.Nos.3/5

petitioner dated 02.08.2023, and pass orders, on merits and in accordance with law, after giving notice to all the interested parties, including the fourth respondent, within a period of six months from the date of receipt of a copy of this order. There shall be no order as to costs. 10.10.2023 Speaking/Non-speaking order Index : Yes/No : Yes/No ms To 1.The District Collector, Kallakurichi District, Kallakurichi - 606 401.

2.The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.

3.The Tahsildar, Sankarampuram & Taluk, Kallakurichi District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 10.10.2023 Pg.Nos.5/5