Narasimhan Alias Narasimmalu v. The District Collector
In the High Court of Judicature at Madras Dated : 20.11.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.33858 of 2024 Narasimhan (a) Narasimmalu
...Petitioner
Vs 1.The District Collector, Thiruvallur.
2.The District Revenue Officer, Thiruvalur District, Thiruvallur, Tamil Nadu.
3.The Tahsildar, Taluk Office, Thiruvallur Taluk, Thiruvallur District, Tamil Nadu.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider and dispose the representation dated 27.8.2024 to issue a patta in the name of the petitioner.
For Petitioner :
Mr.E.Tharun Roshan For Respondents :
Mr.G.Velu, AGP
ORDER
This writ petition has been filed seeking a Mandamus to the respondents to dispose of the petitioner's representation dated 1/4
27.8.2024 for the grant of patta in his name.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the respondents.
3. The petitioner claims title to the property measuring an extent of 19 3/4 cents in Old Survey No.390/B2 and New Survey Nos.774/28 and 774/25 at Velliyur Village, Thiruvallur Taluk and District on the basis of a partition that has been entered into in the year 2021 among himself, his sister and the legal heirs of his deceased brother - Mr.Rangarajan. Originally, the total extent of the said property was 29 cents, out of which, 19 3/4 cents fell to the share of the petitioner. In turn, the petitioner executed three registered settlement deeds in the year 2022 by granting an extent of 1,956 sq.ft in favour of Ms.N. Suganya, an extent of 1,860 sq.ft in favour of N.Sivarangini and an extent of 1,614 sq.ft in favour of N.Abirami, who are none other than his own daughters and retained 6 3/4 cents for himself.
4. Pursuant to complaints given by third parties, the petitioner was issued with a notice dated 23.7.2024 by the second respondent alleging that he had not submitted documents regarding the ownership of the subject property. Hence, the petitioner sent the representation 2/4
dated 27.8.2024 to the respondents for granting patta in his name and in the names of his three daughters. As the said representation has not been acted upon, the petitioner is before this Court.
5. Considering the limited nature of the relief sought for and taking note of the fact that the third respondent has not proceeded further with the inquiry in the application for patta, the writ petition is allowed and a Mandamus is issued to the third respondent to consider and pass orders on the representation of the petitioner dated 27.8.2024 to issue patta in respect of subject property in the names of the petitioner and his daughters within a period of eight weeks from the date of receipt of a copy of this order. In case of passing any adverse, it is made clear that the third respondent shall pass a speaking order. No costs.
20.11.2024 RS 3/4
P.T.ASHA,J RS To 1.The District Collector, Thiruvallur.
2.The District Revenue Officer, Thiruvalur District, Thiruvallur, Tamil Nadu.
3.The Tahsildar, Taluk Office, Thiruvallur Taluk, Thiruvallur District, Tamil Nadu.
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