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Madras High CourtWP/34332/2024allowed

N.Ramachandran v. The District Collector

2024-11-22Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA N.Ramachandran ... Petitioner Vs.

1.The District Collector Chengalpet Collector Office, Chengalpet-600 035.

2.The District Revenue Officer Office Of The District Revenue Officer, Chengalpet District.

3.The Revenue Divisional Officer Maduranthagam, Chengalpet District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, direct the 3rd respondent to issue patta in petitioner name in respect of in S.No.36/8 situated in Allur Village, Maduruanthagam Taluk, Chengalpet District by virtue of the order dated 12.08.2024 passed by the 2nd respondent in Na.Ka. No.13312/2022/ B4 with in stipulated time fixed by this Honourable Court. For Petitioner : M/s.J.Shiva Arudhra For Respondents : M/s.A.Selvendran, Special GP.

for R.1 to R.3.

1/4

O R D E R

The writ petition is filed for the following reliefs:- "Direct the 3rd respondent to issue patta in petitioner's name in respect of in S.No.36/8 situated in Allur Village, Maduruanthagam Taluk, Chengalpet District by virtue of the order dated 12.08.2024 passed by the 2nd respondent in Na.Ka. No.13312/2022/ B4"

2. It is the contention of the petitioner that after purchasing the subject property under Document No.2952 of 2013, registered at SRO, Achirupakkam, he had applied for patta on 15.07.2013 to the 1st respondent. This was transferred to the 3rd respondent and the 3rd respondent by an order dated 28.10.2022 had refused to grant patta on the ground that third party had encroached into his property. Against the said order, the petitioner had preferred an appeal before the 2nd respondent and after an elaborate enquiry the 2nd respondent allowed the appeal and directed the 3rd respondent to issue patta by his order dated 12.08.2024. Despite the said order, the 3rd respondent is refusing to issue patta. Therefore, aggrieved by the same, the petitioner is before this Court.

3. Heard the counsels on either side.

4. In the light of the order passed by the 2nd respondent in 2/4

proceedings bearing Na.Ka.No.13312/2022/B4 dated 12.08.2024, wherein the 2nd respondent allowed the petitioner's appeal and directed the 3rd respondent to issue patta in the petitioner's name, the 3rd respondent ought to have complied with the orders of his superior authority. However, the 3rd respondent has chosen to ignore the directions of his superior authorities. Therefore, a mandamus is issued to the 3rd respondent to grant patta in the name of the petitioner in respect of the property comprised in S.No.36/8, Allur Village, Maduruanthagam Taluk, Chengalpet District, within a period of 2 weeks from the date of receipt of a copy of this order. No costs.

22.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Collector Chengalpet Collector Office, Chengalpet-600 035.

2.The District Revenue Officer Office Of The District Revenue Officer, Chengalpet District.

3.The Revenue Divisional Officer Maduranthagam, Chengalpet District.

P.T. ASHA . J., 3/4

(shr) 22.11.2024 4/4