M.Kala v. The Sub Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 36497 of 2024 M.Kala

...Petitioner

Vs.

1.The Sub Collector, Mettur Taluk, Mettur, Salem District.

2.The Tahsildar, Omalur Taluk, Omalur, Salem District.

3.Nallathambi 4.Santhoshkumar

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to 1/6

consider and pass orders on merits by disposing the written representation made by the petitioner on 07/04/2022. For Petitioner :

Mr. C.Prakasam For Respondents :

Mr. A.Selvendran 1 & 2 Special Government Pleader.

O R D E R

The petitioner is the owner of an extent of 5 cents in S.No.120/5A, Pachanampatti Village, Omalur Taluk, Salem. The total extent of land in that survey number is 33 cents, which belongs to the petitioner's family members. The 3rd and 4th respondents by misleading the respondents 1 and 2 have annexed the petitioner's land to their property and the 4th respondent has sold the same to the third parties.

2. The petitioner would submit that by reason of this, he was not able to get patta in respect of his 5 cents. Therefore, the petitioner made a representation to the 1st respondent dated 07.04.2022, to 2/6

conduct enquiry as to how patta had been obtained by the 3rd and 4th respondents and consequently cancell the patta and issue separate patta in favour of the petitioner.

3. The 1st respondent had sent a communication to the 2nd respondent on 23.05.2022, to consider the representation. However, to date no orders have been pronounced. Therefore, the petitioner is before this Court.

4. Heard the learned counsels on the either side and perused the records.

5. Considering the petitioner's grievances and the fact that his application for an enquiry, cancellation of patta and grant of separate patta has been kept pending for over 2 years, a mandamus is issued to the 1st respondent to consider and pass orders on the representation dated 07.04.2022, within a period of 8 weeks from the date of receipt of a copy of this order.

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6. The Writ Petition is allowed. No costs.

09.12.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The Sub Collector, Mettur Taluk, Mettur, Salem District.

2.The Tahsildar, Omalur Taluk, Omalur, Salem District.

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P.T. ASHA, J, kan W.P.No. 36497 of 2024 09.12.2024 6/6