R.Venkatesan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2024

CORAM:

THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Venkatesan ... Petitioner Vs 1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tiruvallur.

3.The Tahsildar, Pallipattu Taluk Office, Tiruvallur.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to issue joint patta for the property being all that piece and parcel of land comprised in Survey No.27/1 to an extent of 2.34 Acres situated at Nochili Village, Pallipattu Taluk, Tiruvallur District then Chengalpattu 1/6

District.

For Petitioner : Mr.K.Venkateswaran For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

The limited relief claimed by the petitioner in this writ petition is to direct the 3rd respondent to issue joint patta in respect of the subject property.

2. The petitioner's father and brother had purchased the subject property and they were jointly in possession and enjoyment of the same. After sale of the 1/3rd share, the petitioner's father was in possession and enjoyment of the property and on his demise, the petitioner and his brother had inherited the said property. They have been carrying on agricultural activities in the said lands. The petitioner had given a representation to the 1st respondent for issuing a joint patta in respect of the said subject land and after conducting an enquiry by 2/6

the competent authority, his representation was forwarded by the 1st respondent to the respondents 2 and 3.

3. An enquiry was originally held by the Revenue Inspector who forwarded the report to the 3rd respondent recommending for issuance of joint patta, the 3rd respondent, once again conducted an enquiry and the same is pending for passing orders.

4. Despite the repeated requests, the same has not been processed, therefore, the petitioner is before this Court.

5. Heard the learned counsels on either side.

6. Considering the limited prayer and the fact that the representation given as early as in the year 2013 has not been considered todate, this writ petition is allowed and a mandamus is issued to the 3rd respondent to consider and pass orders on the 3/6

representation of the petitioner within a period of four months from the date of receipt of a copy of this order. Before passing orders, notice shall be issued to the petitioner and other owners of the land and orders be pronounced after hearing them. There shall be no order as to costs. 10.12.2024 Index: Yes/No Speaking order/non-speaking order ssn To 1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tiruvallur.

3.The Tahsildar, Pallipattu Taluk Office, Tiruvallur.

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P.T.ASHA, J., ssn 5/6

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