K.G.Thanikaivel v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI K.G.Thanikaivel ... Petitioner Vs.
1.The District Collector, Collectorate, Erode District.
2.The Tahsildar, Taluk Office, Gobichettipalayam Taluk, Erode District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Gobichettipalayam Taluk, Erode District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 14.10.2022 thereby to direct the respondents to issue the patta in Erode District, Gobichettipalayam Taluk, Karattadipalayam Puthur, Avvaiyar Street, Old Natham No.83, 1/5
96/1, New No.270/15, 270/16 and building tax no.283 as per the Tamil Nadu Patta Passbook Act, 1983 and within a time frame as may be fixed by this Court.
For Petitioner :
Mr.P.Ponbalaji 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 respondents to consider the petitioner's representation dated 14.10.2022 thereby to direct the respondents to issue the patta in Erode District, Gobichettipalayam Taluk, Karattadipalayam Puthur, Avvaiyar Street, Old Natham No.83, 96/1, New No.270/15, 270/16 and building tax no.283 as per the Tamil Nadu Patta Passbook Act, 1983 and within a time frame as may be fixed by this Court.
2. The case of the petitioner is that he had purchased the aforesaid properties, under a registered sale deed, dated 13.02.2003, vide Doc.No.262 of 2003. Subsequent to the purchase of the aforesaid properties, the petitioner is in peaceful possession and enjoyment of the said properties. While so, the petitioner intends to distribute the aforesaid 2/5
properties to his legal heirs, and therefore, the petitioner made application/representation dated 14.10.2022 before the respondents, seeking to issue Patta as per the Tamil Nadu Patta Passbook Act, 1983. 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, it would suffice, if this Court issues direction to the second respondent to consider the petitioner's representation dated 14.10.2022 and pass orders on the same within a particular time frame that may be fixed by this Court.
4. The learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed.
5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 14.10.2022 and pass appropriate orders on merits and in accordance with law, after affording an 3/5
opportunity of hearing to the petitioner and other aggrieved person, if any, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above observations and direction, this Writ Petition is disposed of. No costs.
28.11.2022 Index: Yes/No Speaking Order : Yes/ No jd To 1.The District Collector, Collectorate, Erode District.
2.The Tahsildar, Taluk Office, Gobichettipalayam Taluk, Erode District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Gobichettipalayam Taluk, Erode District.
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M.DHANDAPANI, J.
jd 28.11.2022 5/5