Madras High CourtWA(MD)/400/2021disposed of

K.R.Samy @ K.Ramasamy v. The Commissioner Of Land Administration,

2021-02-23Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI against W.P.(MD) No.16907 of 2020 K.R.Samy @ K.Ramasamy ... Appellant/Petitioner Vs.

1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Pudukottai District, Pudukottai.

3.The Revenue Divisional Officer, Pudukottai.

4.The Tahsildar, Alangudi Taluk, Alangudi, Pudukottai.

5.The Village Administrative Officer, Lakshmi Narasimmapuram, Alangudi Taluk, Pudukottai District.

6.The Inspector of Police, Vadakadu Police Station, Pudukottai District - 622 304.

7.Pushparani 8.Chinnadurai ... Respondents Prayer : Writ Appeal filed under Clause 15 of the Letter Patent, against the dated 27.11.2020, passed in W.P.(MD)No.16907 of 2020. Prayer in WP(MD). 16907/ 2020 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a direction or order or writ in the nature of a Writ of Mandamus directing the 1st to 4th respondents to take appropriate action to 1/3

issue patta to the petitioner for 2.00 ac of land in Survey No.127/7, Pulichankadu Village, Alangudi Taluk, Pudukottai District, considering the fourth respondent letter in Na.Ka.No.6671/17/A5 dated 20.11.2017 addressed to the 2nd respondent-District Collector and the petitioners representation dated 14.12.2018 and 25.07.2020 collecting the land cost, within a time limit to be fixed by this Hon'ble Court.

For Appellant : Mr.R.M.Makesh Kumaravel For R1 to R6 : Mrs.J.Padmavathi Devi Special Government Pleader * * * * * JUDGEMENT (Judgment of the Court was delivered by M.M.SUNDRESH, J.) This Writ Appeal is filed against the order of the learned Single Judge, who after taking note of the judgment rendered in a Suit between the appellant and the private respondents, declined to grant the relief sought for on the premise that the official respondents were not impleaded as party respondents. 2.As rightly submitted by the learned counsel appearing for the appellant what has been sought for is consideration of issuance of Patta, which lies only within the discretion of the official respondents viz., respondent Nos.

2 to 4, though a Writ of Mandamus to grant Patta would not lie, the appellant is entitled to seek direction to the respondents to consider his request. 3.In such view of the matter, we call upon respondent Nos.2 to 4 to consider the request of the appellant for grant of Patta. We may also note that the learned Single Judge is right to the extent of saying that the decree will not bind respondent Nos.2 to 4, who were not made as parties to the suit. Appropriate orders will have to be passed by respondent No.4 within a period of eight weeks from the date of receipt of a copy of this judgment. While doing so, respondent No.4 shall issue notice to the private respondents as well. It is further clarified that we have not given any positive direction, as it is only meant for mere consideration. 4.This Writ Appeal is disposed of accordingly.

No costs.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.