S.Murugesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA S.Murugesan ....

Petitioner Vs

1. The District Collector, Dharmapuri District, Dharmapuri,

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

3. The Tahsildar, Dharmapuri Taluk Office, Dharmapuri.

4. The Village Administration Officer, Kadakathur Village, Dharmapuri Taluk, Dharmapuri District.

....

Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the third respondent to issue patta in the name of petitioner the said property being all that piece and parcel of land comprising in survey of the petitioner 1/5

situated at Kadagathur Village, Dharmapuri Taluk and Dharmapuri District, comprised in old Survey No. 478, New Survey No.478/ 23 of an extent of 308 sq.ft within a time frame. For Petitioner :

Mr.M.Selvamani For Respondents :

Mr.G.Velu Additional Government Pleader

ORDER

Aggrieved by the fact that, despite submitting an application on 03.10.2024 for issuance of a patta, the patta has not yet been issued, the petitioner is before this Court.

2. It is the case of the petitioner that he and one Rajendran jointly purchased a vacant land, comprised in a plot Survey No.478, admeasuring 304 sq.ft., situated at Kadagathur Village, Dharmapuri Taluk, under a sale deed dated 12.10.1994, registered vide document No.2424 of 1994, from one Appasamy. Thereafter, the said Rajendran sold his share of an extent of 154 sq.ft. to the petitioner under a sale deed dated 28.03.2006, registered vide document No.586 of 2006. The petitioner also submitted a representation for the mutation of the revenue records to effect the 2/5

transfer of patta, along with all requisite documents. However, the same has not been considered to date. Therefore, the present writ petition has been filed by the petitioner.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Considering the fact that the application has been made as early as on 03.10.2024, for which the 3rd respondent has not even commenced an enquiry. It is clear that he has failed in his statutory duties. Therefore, a mandamus is issued to the third respondent to consider the representation of the petitioner dated 03.10.2024 and issue patta within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stands allowed. No costs.

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10.01.2025 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking order Lpp To

1. The District Collector, Dharmapuri District, Dharmapuri,

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

3. The Tahsildar, Dharmapuri Taluk Office, Dharmapuri.

4. The Village Administration Officer, Kadakathur Village, Dharmapuri Taluk, Dharmapuri District.

P.T. ASHA, J, Lpp 4/5

W.P.No. 726 of 2025 10.01.2025 5/5