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Madras High CourtWP/105/2024disposed of

K.Damodharan v. The Collector

2024-01-05Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN K.Damodharan ... Petitioner Vs.

1. The Collector O/o.Collectorate Ranipet

2. The Revenue Divisional Officer Arakkonam

3. The Tahsildar Arakkonam ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 22.05.2023 for issuance of patta in favour of the petitioner in respect of the property comprised in Survey No.495/8, at Nagavedu Village Nemili Taluk, Ranipet District. For Petitioner : Mr.K.Jayaraman For Respondents : Ms.Akila Rajendran Government Advocate 1/6

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 22.05.2023 for issuance of patta in favour of the petitioner in respect of the property comprised in Survey No.495/8, at Nagavedu Village, Nemili Taluk, Ranipet District.

2. Ms.Akila Rajendran, learned Government Advocate takes notice for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner had applied for Patta in respect of the subject property, having purchased by his father by virtue of Sale Deed dated 20.07.1946 and registered as Document No.2602 of 1946, from one Kistappa Naidu. Chitta was also in favour of the petitioner. The petitioner was called for enquiry by the 2nd respondent vide proceedings in Na.Ka.B2/1635/2022 dated 17.09.2022 and the petitioner also appeared and submitted all the documents of title. However, no final order was passed. Therefore, the petitioner made a representation to the 1st respondent on 22.05.2023 to consider his 2/6

representation and pass orders. The petitioner was again called for enquiry on 22.06.2023 during which, the petitioner also explained all the details. Even thereafter, the respondents have not passed any final order based on the enquiry conducted by them. Hence, the petitioner is constrained to file this present writ petition.

4. Heard and perused the materials available on record.

5. It is seen that the petitioner has already been summoned twice and enquiry has also been conducted by the respondents. However, so far, they have not passed the final order.

6. Under these circumstances and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's representation/application dated 22.05.2023 if it is otherwise in order and conduct a fresh enquiry after issuing notice to the petitioner, adjacent land owners of the four boundaries of the petitioner's land, interested parties/rival claimants/objectors if any, as the case may be and pass orders on 3/6

merits and in accordance with law and issue Patta to the petitioner if the petitioner is otherwise eligible and if the respondents have already not passed order. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order since the petitioner is waiting from the year 2022.

7. Accordingly, this Writ Petition is disposed of at the admission stage itself. No costs.

05.01.2024 ksa-2 Index : Yes / No 4/6

To

1. The Collector O/o.Collectorate Ranipet

2. The Revenue Divisional Officer Arakkonam

3. The Tahsildar Arakkonam 5/6

P.VELMURUGAN. J.

Ksa-2 05.01.2024 6/6