M.Santhi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33872 of 2022 M.Santhi ....
Petitioner -VsThe District Collector Namakkal District Namakkal.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider and dispose off the representation of the petitioner dated 31.10.2022 in updating the Patta entries in the computer to enable the petitioner to get computer patta in respect of the lands in survey No.262 /2B2 for the lands measuring about Ac.6.23 cents of Muthallaipatti village Namakkal Taluka Namakkal District as per Patta No.53 within a time frame to be fixed by this Honble court. For Petitioner : Mr.K.A.Mariappan For Respondent : Mr.Yogesh Kannadasan Special Government Pleader
O R D E R
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The prayer sought for herein is for a Writ of Mandamus directing the respondent to consider and dispose off the representation of the petitioner dated 31.10.2022 in updating the Patta entries in the computer to enable the petitioner to get computer patta in respect of the lands in survey No.262 /2B2 for the lands measuring about Ac.6.23 cents of Muthallaipatti village Namakkal Taluka Namakkal District as per Patta No.53 within a time frame to be fixed by this Court.
2. It is the claim of the petitioner that the petitioner's father has got a land in S.No.262/2B2, Muthallaipatti Village, Namakkal Taluk, Namakkal District to the extent of 6.48 Acres, out of which a portion of the land has already been sold to some third parties and the remaining lands were retained by the petitioner's father. However, when a joint patta was isued in the name of the petitioner's father and the subsequent purchaser with regard to the portion of the property, all the three persons name has been included, which was agitated by the petitioner's father during his life time and accordingly separate patta has been given in respect of the petitioner's father's portion ie., the property which has not been sold by him to any third parties. However, the said patta, even though was issued, was not issued as a computer document and for the said purpose, the petitioner had given a representation on 31.10.2022 to the respondents and since the same has not been considered, she has approached 2 / 5
this Court with the aforesaid prayer.
3. Learned counsel for the petitioner reiterated the aforesaid facts and seeks the indulgence of this Court.
4. However, Mr.Yogesh Kannadasan learned Special Government Pleader submits that, this has to be undertaken only by the Tahsildar concerned and the District Collector has nothing to do with it. Hence, if the petitioner comes forward to make an application to the Tahsildar concerned, that would be considered and decided on merits and in accordance with law within a time frame that may be stipulated by this Court.
5. Having heard the said submissions, especially the submission made by the learned Special Government Pleader, this Court is inclined to dispose of this writ petition with the following order.
"That it is open to the petitioner to make the necessary application for issuing computer patta for the patta already issued in the name of the petitioner's father, to the concerned Tahsildar, who, on receipt of the said application, shall consider the same on merits and in accordance with law, and do the needful within a 3 / 5
period of six weeks from the date of receipt of a copy of this order."
6. With the above directions, this writ petition is disposed of. No costs. 19.12.2022 Index : Yes/No Internet : Yes/No KST To The District Collector Namakkal District Namakkal.
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R. SURESH KUMAR, J.
KST W.P.No. 33872 of 2022 19.12.2022 5 / 5