Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2025
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.41419 of 2025 Kumar .... Petitioner Vs 1.The District Collector Salem District Salem.
2.The Sub Collector / Revenue Divisional Officer Mettur Revenue Division Mettur Dam-1 Salem District.
3.The Tahsildar Mettur Taluk Mettur Dam Salem District.
.... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 and 3 to issue separate patta in the name of the petitioner viz., Kumar with regard to his property in S.Nos.307/15A, 307/15B1 & 309/1A1, to an extent of 26 cents situated at Avadathur Revenue Village, Mettur Taluk, Salem District as per the 1/5
judgment and decree dated 13.05.2023 made in O.S.No.43 of 2023, which has been registered as Doc.No.7069 of 2024 on the file of Sub-Registrar, Jalakandapuram, Salem District and pass orders. For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.D.Ravichander Special Government Pleader for R1 to R3
ORDER
This writ petition has been filed for issue of Writ of Mandamus directing the second and third respondents to issue patta in the name of the petitioner with respect to the subject property.
2. Heard Mr.M.R.Jothimanian, learned counsel appearing for the petitioner and Mr.D.Ravichander, learned Special Government Pleader appearing on behalf of respondents 1 to 3.
3. When the matter was taken up for hearing, the learned Special Government Pleader, on the written instructions received from the third respondent, submitted that the representation made by the petitioner has been 2/5
received and objections have been raised by some third parties. Therefore, enquiry will be conducted by the third respondent and final orders will be passed, pursuant to the orders of this Court.
4. The learned counsel for the petitioner submitted that there is already a judgment and decree passed in favour of the petitioner in O.S.No.43 of 2023 by the Sub Court, Mettur. Since, the civil Court decree is in favour of the petitioner, the petitioner is entitled to get separate patta for the subject property.
5. In the considered view of this Court, it is not necessary for this Court to go into the title dispute in this case. It will suffice if a direction is issued to the second and third respondents to act upon the representation submitted by the petitioner and conduct an enquiry after affording opportunity to the petitioner and all other interested persons. On such enquiry, the final decision shall be taken by the respondents within a period of eight weeks from the date of receipt of a copy of this order.
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6. This writ petition is disposed of with the above directions. No costs. 05.11.2025 Index : Yes / No Speaking order / Non-speaking order ds To:
1.The District Collector Salem District Salem, 2.The Sub Collector / Revenue Divisional Officer Mettur Revenue Division Mettur Dam-1 Salem District.
3.The Tahsildar Mettur Taluk Mettur Dam Salem District.
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N.ANAND VENKATESH,J.
ds W.P.No.41419 of 2025 05.11.2025 5/5