S.Shanmugam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI S.Shanmugam ... Petitioner /Vs./ 1.The District Collector, Sivagangai, Sivagangai District.
2.The District Revenue Officer, Sivagangai, Sivagangai District.
3.The Sub Collector, Devakkottai, Sivagangai District.
4.The Tahsildar, Thiruppathur, Sivagangai District.
5.The Sub-Inspector of Police, Poolankuruchi Police Station, Sivagangai District.
6.KR.Annamalai 7.KR.Sockalingam 8.KR.Karuppaiah 1/6
9.KR.Meenakshi Sundaram 10.KR.Palaniappan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to direct the fourth respondent to grant separate patta to the petitioner and his father's legal heirs based on the existing joint patta No.942 of Poolankuruchi Village, Thiruppathur Taluk, Sivagangai District and his representation dated 18.11.2024 within a period of stipulated time limit as fixed by this Court.
For Petitioner : Mr.A.Prasanna Rajadurai For R1 to R4 : Mr.S.Kameswaran Government Advocate For R5 : Mr.Vaikkam Karunanithi Government Advocate (Crl.side) For R6 to R10 : Mr.Kavin
ORDER
This writ petition has been filed for issuance of writ of mandamus to direct the fourth respondent to grant separate patta to the petitioner in respect of his land. The petitioner has also made a representation on 18.11.2024.
2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2/6
3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court.
4. The learned Government Advocate appearing for the respondents 1 to 4 would submit that the District Revenue Officer had already initiated the enquiry and notices have been issued for the hearing on 24.01.2025 and the next date of hearing scheduled to be fixed on 07.02.2025. The learned Government Advocate would therefore submit that the said application of the petitioner would be disposed of in accordance with law.
5. It is also brought to my attention that the respondents 6 to 10 have made an application for correction of UDR Patta on 22.01.2025 which is being enquired by the District Revenue Officer. Since the petitioner also having the rival claim, in this regard, the petitioner has given a representation on 18.11.2024. The second respondent shall also consider the objections of the petitioner and hear the petitioner as well as the respondents 6 to 10 and if any survey is required to be conducted, it shall be in the presence of both the parties and thereafter, order on merits 3/6
shall be passed within a period of eight (8) weeks from the date of receipt of the enquiry being concluded.
6. Accordingly, the writ petition is disposed of with the above directions. No costs.
Index : Yes / No NCC : Yes / No 03.02.2025 am 4/6
TO:- 1.The District Collector, Sivagangai, Sivagangai District.
2.The District Revenue Officer, Sivagangai, Sivagangai District.
3.The Sub Collector, Devakkottai, Sivagangai District.
4.The Tahsildar, Thiruppathur, Sivagangai District.
5.The Sub-Inspector of Police, Poolankuruchi Police Station, Sivagangai District.
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P.B. BALAJI , J.
am Order made in Dated:
03.02.2025 6/6