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Madras High CourtWP/32372/2022disposed of

S.Dhanalakshmi v. The District Collector

2022-12-01Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.12.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI

1. S.Dhanalakshmi ... Petitioner in W.P.No.32372 of 2022

2. K.K.Thirunavakarasu ... Petitioner in W.P.No.32375 of 2022 Vs.

1.The District Collector, Collectorate, Erode 638 011, Erode District.

2. The District Revenue Officer, Collectorate, Erode 638 011, Erode District.

3. The Revenue Tahsildar, Sathyamangalam Taluk, Erode District.

... Respondents in both W.Ps Prayer in W.P.No.32372 of 2022: 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 representation of the petitioner dated 13.04.2022 for grant of patta in respect of the lands measuring 0.17.75 Hectare in RS.No.705/6 and an extent of 0.35.50 Hectare in RS.No.706/6, totally 1.32 Acres in Sikkarasamapalayam, Sathyamangalam Taluk, Erode District.

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Prayer in W.P.No.32375 of 2022: 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 representation of the petitioner dated 13.04.2022 for grant of patta in respect of the lands measuring 0.39.5 Hectare in RS.No.705/5 and an extent of 0.17.25 Hectare in RS.No.705/6, totally 1.41 Acres in Sikkarasamapalayam, Sathyamangalam Taluk, Erode District.

Appearance of the counsels in both W.Ps For Petitioners : Mr.N.Manoharan For Respondents : Mr.U.Bharanidharan Additional Government Pleader COMMON ORDER Since the issue involved and the relief sought for in these two Writ Petitions are identical in nature, the same were heard together and disposed of vide this common order.

2. The case of the petitioners is that they have purchased respective properties by virtue of a Sale Deed, dated 22.04.2022 and 06.04.2022 respectively, as shown in the affidavit filed in support of the Writ Petitions and registered the same on the file of the Sub-Registrar Office, Sathyamanagalam. Subsequent to the purchase of the properties, the petitioners are in peaceful possession and enjoyment of the properties. It is stated that the petitioners' vendors have effected mutation in their names. The 2/5

grievance of the petitioners is that the Patta was not granted in favour of the petitioners. In order to carry out the agricultural activities and to avoid public nuisance, the petitioners have made a representation dated 13.04.2022 before the first respondent, to conduct field inspection and grant assignment Patta in their respective properties. On receipt of such representation, the first respondent forwarded the same to the third respondent to take appropriate action on considering the petitioners' representation. Since the said representation had evoked no response from the third respondent, the petitioners have filed the present Writ Petitions.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice, if this Court issues a direction to the third respondent to consider the petitioners' representation dated 13.04.2022 and pass orders on the same within a particular time frame fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court without expressing 3/5

any opinion on the merits of the case directs the third respondent to consider the petitioners' representation dated 13.04.2022 and pass appropriate orders in terms of R.S.O.No.15 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.

6. With the above observations and direction, these Writ Petitions are disposed of. No costs.

01.12.2022 Index : Yes / No Speaking order : Yes / No jd To 1.The District Collector, Collectorate, Erode 638 011, Erode District.

2. The District Revenue Officer, Collectorate, Erode 638 011, Erode District.

3. The Revenue Tahsildar, Sathyamangalam Taluk, Erode District.

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M.DHANDAPANI, J.

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