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Madras High CourtWP/31802/2023disposed of

M.Somasundaram v. The District Collector,

2023-11-07Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN M.Somasundaram ... Petitioner Vs.

1. The District Collector, Thiruvarur District, Thiruvarur.

2. The District Revenue Officer, Thiruvarur District, Thiruvarur.

3. The Revenue Divisional Officer, Thiruvarur Taluk, Thiruvarur District.

4. The Tahsildar, Nannilam Taluk, Thiruvarur District.

5. The Zonal Deputy Tahsildar, Nannilam Taluk, Thiruvarur District. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 5th respondent to issue patta in the petitioner's name with correct measurements for the properties as per the sale deeds comprised in S.No.26/12, 12/12B & 42/4A situated at Paruthiyur Village, Nannilam Taluk, Thiruvarur District and S.No.132/1, 132/2, 138/24B and 138/32A situated at Senganur Village, Nannilam Taluk, Thiruvarur District, considering the petitioner's Patta Transfer Application Nos.2023/0103/20/156793 and 2023/0103/20/156794 dated 20.03.2023.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the 5th respondent to issue patta in the petitioner's name with correct measurements for the properties as per the sale deeds comprised in S.No.26/12, 12/12B & 42/4A situated at Paruthiyur Village, Nannilam Taluk, Thiruvarur District and S.No.132/1, 132/2, 138/24B and 138/32A situated at Senganur Village, Nannilam Taluk, Thiruvarur District, considering the petitioner's Patta Transfer Application Nos.2023/ 0103/ 20/156793 and 2023/0103/20/156794 dated 20.03.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents and perused the materials available on record.

3. It is the contention of the learned counsel for the petitioner that though the petitioner made many applications and repeated reminders to the respondents to measure his property and for issuance of patta, they have not given any response with regard to the same. Hence he filed the present petition.

4. Learned Special Government Pleader appearing for the official respondents also fairly conceded that no action has been taken by the respondents with regard to the petitioner's representation.

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, this Court directs the third and fourth respondents

to consider the petitioner's representation and conduct an enquiry and dispose of the same in accordance with law, after giving notice to the petitioner and interested parties/rival claimants if any, within a period of three months from the date of receipt of a copy of this order.

6. With the abovesaid direction, Writ Petition is disposed of. There shall be no order as to costs.

07.11.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, Thiruvarur District, Thiruvarur.

2. The District Revenue Officer, Thiruvarur District, Thiruvarur.

3. The Revenue Divisional Officer, Thiruvarur Taluk, Thiruvarur District.

4. The Tahsildar, Nannilam Taluk, Thiruvarur District.

5. The Zonal Deputy Tahsildar, Nannilam Taluk, Thiruvarur District.

P.VELMURUGAN, J.

mfa 07.11.2023