C.Anandhamurugan v. The District Collector

W.P.(MD)No.1314 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.1314 of 2020 1.C.Anandhamurugan 2.C.Chinnadurai ... Petitioners vs.

1.The District Collector, Dindigul District.

2.The District Revenue Officer, Dindigul District.

3.The Tahsildar, Nilakottai Taluk, Dindigul District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to issue patta in the name of the petitioners individually for the property measuring to an extent of 7 cents with building bearing D.No.1/107B and 1/107C, West Street in Servarayanpatti, Rengapannaickenpatti, Nilakottai Taluk in Dindigul District by disposing the representation, dated 24.06.2019 within a period to be fixed by this Court.

For Petitioners :Mr.R.Suriyanarayanan For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader ***

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus to direct the respondents to issue patta in the name of the petitioners individually for the property measuring to an extent of 7 cents with building baring D.No.1/107B and 1/107C, West Street in Servarayanpatti, Rengapannaickenpatti, Nilakottai Taluk in Dindigul District by disposing the representation, dated 24.06.2019 within a period to be fixed by this Court.

2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3.The petitioners state that the property was originally owned by the petitioners' father. The petitioners produced before this Court, the copy of revenue records to show that the name of one https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1314 of 2020 Palanimuthu is entered as pattathar in respect of the land in respect of an extent of 72 square meters in S.No.449/20. The petitioners further state that an extent of 3 1⁄2 cents, was allotted to the petitioners and that petitioners have constructed a small residential house leaving a small space as vacant land. The petitioners state that they are in possession and enjoyment of the land for more than 25 years. The patta in favour of petitioner's grandfather by name, Palanimuthu is only for an extent of about 2 cents. The petitioners have not stated as to how the petitioners are entitled to 7 cents.

4.The learned Counsel for the petitioners submitted that the petitioners will be satisfied, if a direction is issued to the respondents to consider the petitioners' representation within the time stipulated by this Court.

5.Having regard to the limited scope of prayer that is now sought before this Court by the learned counsel for the petitioners, without expressing any opinion on the merits of the petitioners' representation, this Court is inclined to pass the following direction:- "The third respondent is directed to consider the petitioners' representation dated 24.06.2019 and pass appropriate orders on merits and in accordance with law after holding an enquiry as to the petitioners' entitlement based on the previous records, within a period of twelve weeks from the date of receipt of a copy of this order."

6.Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Dindigul District.

2.The District Revenue Officer, Dindigul District.

3.The Tahsildar, Nilakottai Taluk, Dindigul District.

+1 CC to M/s.SPL GP ( SR-2888[F] dated 24/01/2020 ) +1 CC to M/s.R.SURIYANARAYANAN, Advocate ( SR-2641[F] dated 23/01/2020 ) W.P.(MD)No.1314 of 2020 23.01.2020 KK/SAR/07.02.2020/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2