Saravanan v. The District Collector

In the High Court of Judicature at Madras Dated : 12.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.37224 of 2024 Saravanan

...Petitioner

Vs 1.The District Collector, Collector Office, Bargur, Krishnagiri.

2.The Tahsildar, Tahsildar Office, Bargur, Krishnagiri.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to issue a separate patta in favour of the petitioner in respect of land in 8 cents in Survey No.663/B2A situated Bargur Revenue Village, Krishnagiri District based upon his representation dated 18.9.2024. For Petitioner :

Mr.T.Shanmugam For Respondents :

Mr.G.Velu, AGP

ORDER

Seeking a Mandamus to the second respondent to consider his representation dated 18.9.2024 to issue a separate patta in respect of 1/4

the property measuring 8 cents in Survey No.663/B2A situated Bargur Revenue Village, Krishnagiri District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the respondents.

3. The case of the petitioner is that he acquired the said property by way of a partition deed dated 27.8.2009 registered as doc.No.2278 of 2009 on the file of the Sub-Registrar, Bargur, Krishnagiri District executed among the family members. The three sisters of the petitioner executed a release deed dated 27.5.2024 in favour of the petitioner registered as doc.No.2218 of 2024 on the file of the same Sub-Registrar in respect of the said property. Thereafter, the petitioner made several online applications to the second respondent for the issuance of a separate patta in respect of the said property. He also sent a representation dated 18.9.2024. As it did not evoke any response, the writ petition has been filed.

4. The fact that the said property belongs to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner acquired the said property, he requested the second respondent to issue a separate patta. 2/4

5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the second respondent to consider the representation of the petitioner dated 18.9.2024 to issue a separate patta in respect of the said property. The petitioner shall submit all the relevant records to show his title to the said property and the second respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either granting patta in respect of the said property or rejecting the request. In the case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

12.12.2024 To 1.The District Collector, Collector Office, Bargur, Krishnagiri.

2.The Tahsildar, Tahsildar Office, Bargur, Krishnagiri.

RS 3/4

P.T.ASHA,J RS 12.12.2024 4/4