Madras High CourtWP/432/2025allowed

A.Shankar v. The District Collector

2025-01-09Honourable Ms. Justice P.T. Asha6 pages

In the High Court of Judicature at Madras Dated : 09.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.432 of 2025 1.A.Shankar 2.Manokaran

...Petitioners

Vs 1.The District Collector, Office of the Collector, MBT Road, Ranipet. 632403.

2.The District Revenue Officer, Office of the District Revenue Officer, MBT Road, Ranipet.

632408.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kanchipuram High Road, Arakkonam-631005.

4.The Tahsildar, Taluk Office, Thiruttani High Road, Arakkonam-631001.

5.The Surveyor, Paranchi Firka, Taluk Office, Thiruttani High Road, Arakkonam-631001.

6.The Village Administrative Officer, Village Administrative Office, Vadamambakkam Village & Post, Arakkonam Taluk - 631001.

1/6

7.The Joint II Sub-Registrar, Arakkonam Registrar Office, Gandhi Road, Arakonam.

Ranipet District.

8.Mr.Jayaraman 9.Mr.Balaraman

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 6 to issue patta in their favour to the property bearing S.No. 438/5 to an extent of 1.39 acres in Vada Mambakkam Village, Arakonam Taluk, Vellore District declared in O.S.No.674 of 1985 and confirmed in A.S.No.62 of 1992 and confirmed by the High Court vide Second Appeal No.1262 of 1997 and confirmed by the Hon'ble Supreme Court vide S.L.P.(C) No.38624 of 2016 and direct the fifth respondent to survey the property as per law by considering the petitioners' representation dated 02.8.2024.

For Petitioners :

Mr.K.V.Ananthakrishnan For R1 to R7 :

Mr.R.P.Murugan Raja, GA

ORDER

Seeking a direction to respondents 1 to 6 to consider their legal notice dated 02.8.2024 to issue patta in favour of the petitioners with respect to the property bearing S.No.438/5 measuring 1.39 acres in 2/6

Vada Mambakkam Village, Arakonam Taluk, Vellore District after conducting a survey by the fifth respondent with the assistance of the police officials, the petitioners are before this Court.

2. Heard the learned counsel for the petitioners and the learned Government Advocate accepting notice for respondents 1 to 7.

3. According to the petitioners, they sent several representations to both the Revenue Officials as well as the Police Officials to inspect the subject property and issue patta in their favour and also to remove the encroachments, if any. Ultimately, the petitioners sent a legal notice dated 02.8.2024 to both the Revenue Officials as well as the Police Officials seeking to inspect the subject property with the assistance of the police officials and to issue patta. As no action has been taken on that, the petitioners have come forward with this writ petition.

4. The petitioners' right in respect of the subject property has been declared upto the Hon'ble Supreme Court. They claim a right over acre 1.39 cents from out of acres 2.78 cents in S.No.438/5. Respondents 8 and 9 created documents for the entire extent taking advantage of the joint patta as they are also the owners of an extent 3/6

of acre 1.39 cents in the said survey number.

5. Considering the limited nature of the relief sought, the writ petition is allowed and a direction is issued to the petitioners to make an online application to the fourth respondent by paying necessary charges for inspecting the subject property and issuing patta in their favour, within a period of four weeks from the date of receipt of a copy of this order. On receipt of such online application, the fourth respondent shall consider the same and pass appropriate orders within a period of eight weeks from the date of receipt of such application. No costs.

09.1.2025 To 1.The District Collector, Office of the Collector, MBT Road, Ranipet. 632403.