J.Selvi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR J.Selvi ... Petitioner vs.

1.The District Collector O/o. District Collector Office, Pondicherry.

2.The Tahsildar Officer, O/o. Villiyanur Tahsildar Office, Pondicherry.

3.The Head Surveyor, O/o. Villiyanur Tahsildar Office, Pondicherry.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner representation dated 25.11.2019 to provide Patta for the lands to an extent of 1,962 Square Feet in Survey No.103/6B, situated at Mannadipet Village, Thirukkanur Sub Register District, Villiyanur Taluk, Pondicherry, within a stipulated period that may be fixed by this Court. 1/6

For Petitioner : Mr.S.Senthil Kumar For Respondents : Mr.M.Nirmalkumar Government Advocate (Pondicherry)

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the 2nd respondent to consider her representation dated 25.11.2019 seeking survey of the property and issuance of patta in her name.

3. It is the case of the petitioner that she owns 1962 Square Feet of land in Resurvey No.103/6B situated at Thirukkanur Village, Villiyanur Taluk, Pondicherry Registration District. She purchased the same under a registered Sale Deed dated 10.02.1999 from one Venkatapathy Reddiyar. The petitioner submitted a representation to the 2nd respondent on 2/6

25.11.2019 seeking survey of the property purchased by her and issuance of patta in her name. It is also stated that the petitioner paid necessary charges as seen from the copy of the receipt issued to her dated 21.10.2019 included in Page No.20 of the typed-set of papers. The said representation has not been considered by the 2nd respondent till date. Therefore, the petitioner is before this Court.

4. Mr.M.Nirmalkumar, learned Government Advocate (Pondicherry), who is taking notice for the respondents would submit that the petitioner's representation is not available in the office of the 2nd respondent and if the petitioner is submits a fresh representation within the time stipulated by this Court, the same will be considered by the 2nd respondent on its own merits and in accordance with law, within the time fixed by this Court.

5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the petitioner to submit a fresh representation before the 2nd respondent within a period of two weeks from the date of receipt of copy of this order and pay necessary charges for surveying the property, if necessary. The 2nd respondent shall 3/6

consider the same and pass final orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of such representation, after issuing notice to the petitioner, neighbouring land owners and other interested parties.

6. With the above directions, the Writ Petition stands disposed of. No costs.

30.10.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The District Collector O/o. District Collector Office, Pondicherry.

2.The Tahsildar Officer, O/o. Villiyanur Tahsildar Office, Pondicherry.

3.The Head Surveyor, O/o. Villiyanur Tahsildar Office, Pondicherry.

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S.SOUNTHAR, J.

dm 30.10.2024 6/6