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Madras High CourtWP/21330/2014disposed of

A.Senthil Kumar v. The District Collector

2022-03-30Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.21330 OF 2014

1. A.Senthil Kumar

2. A.Kamaraj ... Petitioners Vs.

1. The District Collector, Salem District, At Salem.

2. The District Revenue Officer, O/o.The District Collector, Salem District.

3. The Tahsildar Vazhapadi Taluk, Salem District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 06.01.2013 and thereby direct the respondents to issue the Patta in respect of the property situated at Old Survey No.141/2, New Survey No.178, 181, Kaaripatti Village, Vazhapadi Taluk, Salem District totally to an extent of 5 acres of Tharisu Land in the name of the petitioners within a stipulated period of time. For Petitioners :

Mr.A.Rajesh Kanna For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The petitioners have filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 06.01.2013 and to issue Patta in respect of the property situated at Old Survey No.141/2, New Survey No.178, 181, Kaaripatti Village, Vazhapadi Taluk, Salem District totally to an extent of 5 acres of Tharisu Land in the name of the petitioners within a stipulated period of time.

2.The case of the petitioners is that the petitioners are in possession and enjoyment of the subject lands for more than five decades and they made representation dated 06.01.2013 to the respondents seeking to issue patta in their names, however, the said representation has not yet been considered. Hence, this writ petition.

3.The third respondent has filed counter affidavit stating that an extent of 5 acres of land in S.No.178 has been identified as common pathway and S.No.181 has been identified as Karadu. Hence, there is grave disability for issuing patta. However, the petitioners petition is kept pending and it would be considered when the Government takes a decision to issue patta in similarly pending cases.

4.In view of the above, this Court directs the respondents to consider the petitioners representation dated 06.01.2013 and pass appropriate orders, after the Government takes a decision to issue patta in similarly pending cases.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar pri To

1. The District Collector, Salem District, At Salem.

2. The District Revenue Officer, O/o.The District Collector, Salem District.

3. The Tahsildar Vazhapadi Taluk, Salem District.

+1cc to the Government Pleader, S.R.No.22260 W.P.No.21330 of 2014 NMI(CO) RLP(19/04/2022)