S.Senthamilselvan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA S.Senthamilselvan
...Petitioner
Vs 1.The District Collector, Coimbatore District Collector office, Coimbatore - 641 018.
2.The Revenue Divisional Officer, North Zone Revenue Divisional Office, Kavundampalayam, Coimbatore - 641 035.
3.The Tahsildar, Coimbatore North Zone Tahsildhar Office, Dr.Balasundaram Road, Coimbatore - 641 018.
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 2nd and 3rd respondent to consider the petitioner representation dated 05.07.2022 seeking for issuance of patta to conduct a enquiry and issue a patta in the name of petitioner in accordance with law to secure the end of justice and 1/6
pass such other order or direction as this Court may deem fit. For Petitioner : M/s.Haritha For Respondents : Mr.R.P.Murugan Raja Government Advocate (For R1 to R3)
ORDER
Petitioner's request for issuance of patta through his representation dated 05.07.2022 has not been taken up for consideration till date and aggrieved by the same, the petitioner is before this Court.
2.The petitioner had constructed a house in poramboke land in Betathapuram Village, Karamadai Pillichi Panchayat, Coimbatore District, in Kasa No.857/2 to an extent of 5 cents. Petitioner has also obtained necessary electricity and water connections in respect of said property. The house is also serviced with water and electricity connections. The petitioner would submit that the entire poromboke land measures an extent of 1 acre and several houses have been constructed and the owners had obtained patta. In an extent of 50 cents houses have been constructed by around 25 families and the 2/6
petitioner has put up one such house. The petitioner would submit that despite the best efforts, the patta was granted only for 18 families and belonging to a particular community, whereas, the others have not got their patta. Therefore, the petitioner has come forward with the Writ in question.
3.Heard the learned counsels on either side and perused the records. The learned Government Advocate takes notice on behalf of respondents.
4.Considering the fact that the petitioner has made representation as early as on 05.07.2022 and it is seen that around the petitioner's property many of them have obtained patta, the petitioner shall not be visited with a different treatment. Therefore, the second and third respondent shall consider his representation dated 05.07.2022 and pass appropriate orders after affording him personal opportunity to putforth his contention and submit his documents. They shall proceeded to pass speaking orders within a period of four weeks from the date of receipt of copy of this order. 3/6
5.Accordingly, the present Writ Petition is allowed. No costs. 12.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The District Collector, Coimbatore District Collector office, 4/6
Coimbatore - 641 018.
2.The Revenue Divisional Officer, North Zone Revenue Divisional Office, Kavundampalayam, Coimbatore - 641 035.
3.The Tahsildar, Coimbatore North Zone Tahsildhar Office, Dr.Balasundaram Road, Coimbatore - 641 018.
P.T.ASHA , J, ep 5/6
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