Alagarsamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Alagarsamy ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, 4.The Tahsildar, Dindigul East Taluk, Taluk Office, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue patta to the petitioner for the Government land of Survey No.1381, situated at Sirumalai Village, Dindigul East Taluk, For Petitioner : Mr.R.Murugappan For Respondents : Mr.M.Lingadurai, Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to issue patta in favour of the petitioner for the land, in Survey No.1381, situated at Sirumalai Village, Dindigul East Taluk, Dindigul District, based on the petitioner's representation, dated 27.09.2021 and pass final orders within a time frame to be fixed by this Court. 2.The petitioner claims that he is in possession of the aforementioned property for a very long period of time. He has also stated in the affidavit that his ancestors were also in possession of the said property earlier. He has filed a copy of the house tax 1/3

receipt, which stands in his name, along with this writ petition. He has applied for grant of patta for the aforementioned land and he has given a representation to that effect on 27.09.2021 to the respondents. Since the said representation has not been considered till date, this writ petition has been filed. 3.Heard Mr.R.Murugappan, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4.The relief sought for in this writ petition is an innocuous one. No prejudice would be caused to the respondents, if the petitioner's representation dated 27.09.2021 is considered on merits and in accordance with law.

5.The learned Special Government Pleader, on instructions, would submit that it is better the petitioner gives a fresh representation, for which, the learned counsel for the petitioner has also agreed.

6.Accordingly, this Court directs the petitioner to give a fresh representation with regard to his request for issuance of patta in his name for the land bearing Survey No.1381, situated at Sirumalai Village, Dindigul East Taluk, Dindigul District, within a period of one week from the date of receipt of a copy of this order. On receipt of the fresh representation, the fourth respondent shall pass final orders on merits and in accordance with law, within a period of twelve weeks thereafter, after affording a fair hearing to the petitioner.

7.With the aforesaid direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To 1.The District Collector, 2.The District Revenue Officer, Dindigul, Dindigul District.

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3.The Revenue Divisional Officer, 4.The Tahsildar, Dindigul East Taluk, Taluk Office, +1 CC to M/s.SPL GP ( SR-5998[F] dated 14/02/2022 ) 11.02.2022 RK(25/02/2022) 3P 6C 3/3