Samiyathal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Samiyathal ... Petitioner Vs 1 The District Collector, Karur District, Karur.

2 The Tahsildar, Karur Taluk, Karur District.

3 P.Rajamani

4. Revenue Divisional Officer, Karur.

...

Respondents (Respondent No.4 is suo motu impleaded) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the second respondent to pass an order in his proceedings in Na.Ka.No.A4/0109/2023, dated 06.10.2023, which is pending before the second respondent, to include the petitioner's name in the Patta No.1950 for the properties comprised in Survey

No.1105/13 Acre 0.33 1⁄4 cent, Survey No.1105/15 Acre 0.23 3⁄4 cent, Survey No.1105/11, 1105/14, 1105/24, 1105/17 and 1105/26, situated in Velliyanai Sub Registrar, Mookkanakurichi Village, Karur Taluk, Karur District.

For Petitioner :

Mr.W.S.Prabhakaran For Respondents 1, 2 & 4 : Mr.S.Kameswaran, Govt. Advocate.

ORDER

With the consent of the parties, considering the limited scope of the prayer, the Writ Petition is disposed of at the admission stage itself.

2. The petitioner seeks issuance of a writ of mandamus, to direct the second respondent to pass orders, including the petitioner's name in Patta No.1950.

3. Learned Government Advocate, appearing for the official respondents, would submit that the file concerned has been forwarded to the Revenue Divisional Officer, Karur.

4. Revenue Divisional Officer, Karur, is not a party to this Writ Petition. Therefore, he is suo motu impleaded as the fourth respondent.

5. It is seen from the proceedings of the second respondent - Tahsildar, dated 26.07.2024, that the file concerned has been forwarded to the Revenue Divisional Officer, Karur, for consideration and passing orders.

6. Learned Government Advocate would submit that suitable direction may be issued to the fourth respondent, who has been suo motu impleaded in this Writ Petition.

7. Under the circumstances, the petitioner is directed to submit a fresh representation to the fourth respondent and also enclose all relevant documents in support of his claim for inclusion of his name in Patta No.1950, within a period of two weeks from the date of receipt of copy of this order. Thereafter, the fourth respondent shall pass orders on the said representation on merit and in accordance with law, within a period of eight weeks. It is made clear that the fourth respondent shall hear all the interested parties and also adjudicate the objections, if any.

8. Writ Petition is allowed accordingly. No costs. 04.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The District Collector, Karur District, Karur.

2 The Tahsildar, Karur Taluk, Karur District.

3. Revenue Divisional Officer, Karur.

P.B.BALAJI, J.

dixit 04.02.2025