Arivazhagan v. The District Collectro
In the High Court of Judicature at Madras Dated : 07.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.39973 of 2024 Arivazhagan
...Petitioner
Vs 1.The District Collector, District Collectorate Office, Villupuram District.
2.The District Revenue Officer, Office of the District Revenue Officer, District Collector Office, Villupuram.
3.The Tahsildar, Gingee Taluk Office, Gingee Taluk, Villupuram District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 14.11.2024 for issuing patta in his name within the period that may be stipulated by this Court.
For Petitioner :
Mr.A.Rajavel For Respondents :
Mr.G.Velu, AGP 1/4
ORDER
Seeking a Mandamus to the third respondent to consider his representation dated 14.11.2024 for the issuance of a patta in respect of the poramboke land in S.No.142/31A, patta No.189, Varikkal Village, Anaiyeri, Gingee Taluk, Villupuram District, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the respondents.
3. The petitioner would contend that he is possession and enjoyment of the subject property for the past 40 years. He has been using the subject property as a pathway to reach his own agricultural lands and built a small shed for his livestock. As some third parties were disturbing his possession and trying to occupy the subject property and had also obtained patta in their favour, the petitioner made a representation dated 14.11.2024 to the third respondent seeking to issue a patta in his name by cancelling the patta issued in favour of the third parties. As the same has not yet been considered, the petitioner has come forward with this writ petition. 2/4
4. The fact that the subject property is in possession and enjoyment of the petitioner is set out in the narration in the affidavit filed in support of the writ petition. Since the petitioner is in possession of the subject property, he requested the third respondent to issue patta in his name.
5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the said representation of the petitioner dated 14.11.2024 for the issuance of patta in favour of the petitioner in respect of the subject property and to cancel the patta issued in favour of the third parties. The petitioner shall submit all the relevant records to show his possession and the third respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter pass orders either issuing a patta in favour of the petitioner or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs.
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P.T.ASHA,J RS To 1.The District Collector, District Collectorate Office, Villupuram District.
2.The District Revenue Officer, Office of the District Revenue Officer, District Collector Office, Villupuram.
3.The Tahsildar, Gingee Taluk Office, Gingee Taluk, Villupuram District.
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