M.Dass v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI M.Dass ... Petitioner Vs.
1.The District Collector, Tiruvallur District, Tiruvallur.
2.The Revenue Divisional Officer, Ponneri 601 204.
3.The Tahsildar, Ponneri Taluk, Ponneri, Tiruvallur 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 and dispose of the petitioner claim for the issue of patta in petitioner names for Village Natham Lands in Survey No.25/5, 25/6 in Seemapuram Village, Ponneri Taluk, Tiruvallur District in the light of the petitioner representation dated 19.10.2022 within a limited time frame. For Petitioner :
Mr.G.Meganathan For Respondents :
Mr.U.Bharanidharan Additional Government Pleader 1/5
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to consider and dispose of the petitioner's claim for the issue of patta in petitioner name for Village Natham Lands in Survey No.25/5, 25/6 in Seemapuram Village, Ponneri Taluk, Tiruvallur District in the light of the petitioner representation dated 19.10.2022 within a limited time frame.
2. The case of the petitioner is that he claims to be in possession of the properties in Grama Natham Survey Nos.25/5 and 25/6 situated at Seemapuram Village, Ponneri Taluk, Tiruvallur District, having purchased the same by way of registered sale deed, dated 22.08.2005 and the partition deed, dated 29.01.1974. The grievance of the petitioner is that the petitioner made application/representation dated 27.10.2022, seeking issuance of Patta in respect of the aforesaid properties. Since the said representation was not considered by the respondents, the petitioner filed the present Writ Petition.
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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 respondents to consider the petitioner's representation dated 27.10.2022 in the light of the letter of the third respondent/Tahsildar dated 19.10.2022 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 respondents to consider the petitioner's representation dated 27.10.2022 in terms of Revenue Standing Order and the provisions under Tamil Nadu Patta Passbook Act, 1983 and pass appropriate orders on merits and in accordance with law, after affording an 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.
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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, Tiruvallur District, Tiruvallur.
2.The Revenue Divisional Officer, Ponneri 601204..
3.The Tahsildar, Ponneri Taluk, Ponneri, Tiruvallur District.
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M.DHANDAPANI, J.
jd 28.11.2022 5/5