R.Dhanapal v. The District Collector

In the High Court of Judicature at Madras Dated : 03.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.35845 of 2024 R.Dhanapal

...Petitioner

Vs 1.The District Collector, Collector Office, Cuddalore.

2.The Revenue Divisional Officer, Virudhachalam, Cuddalore District.

3.The Tahsildar Tittagudi Taluk Office Cuddalore District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to issue the patta in favour of the petitioner's name in Survey No.120/3 - 11 cents, S.No.120/2 - 0.26.1/2 cents, S.No.120/4b - 0.47 cents amd S.No.120/6 - 14 cents at Vathistapuram Village, Tittagudi Taluk, Cuddalore District, by considering the petitioner's representation dated 07.7.2023.

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For Petitioner :

Mr.K.Karuppaiyamooppanar For Respondents :

Mr.P.Sathish, AGP

ORDER

Seeking a Mandamus to the third respondent to consider his representation dated 07.7.2023 to issue a patta in respect of the properties in S.No.120/3 measuring 11 cents, S.No.120/2 measuring 0.26.1/2 cents, S.No.120/4b measuring 0.47 cents and S.No.120/6 measuring 14 cents at Vathistapuram Village, Tittagudi Taluk, Cuddalore 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 the said properties originally belonged to his grandfather. The petitioner's grandfather died in the year 1983. After the demise of the petitioner's grandfather, the petitioner's father and paternal uncles divided the said properties by oral partition and were in possession and enjoyment of the same. The petitioner's father also died on 13.5.2010. Thereafter, the petitioner made a representation dated 07.7.2023 to the third respondent for the issuance of patta in respect of the said properties. However, for over a year, the said 2/5

representation of the petitioner is kept in cold storage without passing any orders. Hence, the petitioner is before this Court. 3/5

4. Considering the limited nature of the prayer sought, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the said representation of the petitioner dated 07.7.2023 for the issuance of patta in respect of the said properties. The petitioner shall submit all the relevant records to show his title to the said properties and the third respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either granting patta 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 6 weeks from the date of receipt of a copy of this order. No costs. 03.12.2024 To 1.The District Collector, Collector Office, Cuddalore.

2.The Revenue Divisional Officer Virudhachalam, Cuddalore District.

3.The Tahsildar, Tittagudi Taluk Office Cuddalore District.

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P.T.ASHA,J RS 03.12.2024 5/5