Madras High CourtWP(MD)/843/2025disposed of

P. Shanmugavel v. The District Collector

2025-01-10Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA P.Shanmugavel ... Petitioner -vs1 The District Collector, Thoothukudi District, Thoothukudi.

2 The Tahsildar, Taluk Office, Srivaikuntam Taluk, Thoothukudi District.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to issue patta to the petitioner for the property in S.No.812, admeasuring 1 acre 36 1/2 cents, situated at Seithunganallur Village, Murappanadu SubRegistration Limit, Palayamkottai Registration District, Srivaikuntam Taluk, Thoothukudi, based on the petitioner's representation, dated 12.02.2024.

For Petitioner :

Mr.T.Selvan For Respondents : Mr.A.Kannan, Govt.Advocate.

ORDER

This Writ Petition is filed for a mandamus, directing the respondents to issue patta to the petitioner for the property in S.No.812, admeasuring 1 acre 36 1/2 cents, situated at Seithunganallur Village, Murappanadu Sub-Registration Limit, Palayamkottai Registration District, Srivaikuntam Taluk, Thoothukudi District, based on the petitioner's representation, dated 12.02.2024.

2. The petitioner purchased the land in Survey No.812, measuring an extent of 1 acre 36 1/2 cents, situated at Seithunganallur Village, Murappanadu Sub-Registration Limit, Palayamkottai Registration District, Srivaikuntam Taluk, Thoothukudi District, under a sale deed, dated 04.02.1982, and was in peaceful possession and enjoyment of the same since the date of purchase. While so, he gave a representation to the second respondent for grant of patta in his favour in the year 2019, through Village Administrative Officer. The Village Administrative Officer enquired the petitioner and forwarded a statement to the second respondent. But, the

second respondent did not take any steps to issue patta to the petitioner. Therefore, the petitioner applied for patta on 12.02.2024 before the first respondent and the same was forwarded to the second respondent. Even thereafter, as there was no response, the petitioner filed the above Writ Petition for the aforesaid relief.

3. Learned counsel for the petitioner submitted that though a larger relief is claimed, it would suffice if a direction is issued to the second respondent to dispose of the petitioner's representation, dated 12.02.2024, within a period stipulated by this court.

4. Considering that the petitioner's application for grant of patta is pending since 2019 coupled with the petitioner's representation, dated 12.02.2024, the second respondent is directed to consider the representation of the petitioner, dated 12.02.2024, and pass orders on merits and in accordance with law, by affording an opportunity to the petitioner, within a period of eight weeks from the date of receipt of this order.

5. Writ Petition is disposed of accordingly. No costs. 10.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The District Collector, Thoothukudi District, Thoothukudi.

2 The Tahsildar, Taluk Office, Srivaikuntam Taluk, Thoothukudi District.

N.MALA, J.

dixit 10.01.2025