Madras High CourtWP(MD)/3050/2022disposed of

Thozhappan .V.K v. The District Collector

2022-02-16Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.K.Thozhappan ... Petitioner Vs.

1.The District Collector, Thanjur District Collector Office, Thanjur District.

2.The District Revenue Officer, Orathanadu, Thanjur District.

3.The Tahsildar, Tahsildar Office, Orathanadu, Thanjur District.

4.The Village Administrative Officer, Thennamanadu Village, Orathanadu (Taluk), Orathanadu, Thanjur District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second and third respondents to conduct enquiry on petitioner's representations dated 27.08.2008, 22.10.2008, 31.10.2008, 30.08.2016, 30.07.2018, 29.11.2019 and 18.02.2021 to include his name in patta No.46 in Survey No.363/6B as a total extent of 0.03.0 ares at Thennamanadu Village, Orathanadu, Thanjavur District and include his name. For Petitioner : Mr.K.Natarajan 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 second and third respondents to consider the petitioner's representations dated 27.08.2008, 22.10.2008, 31.10.2008, 30.08.2016, 30.07.2018, 29.11.2019 and 18.02.2021, requesting the second and third respondents to include his name in Patta No.46 in Survey No.363/6B measuring an extent of 0.03.0 ares at Thennamanadu Village, Orathanadu, Thanjavur District and pass orders within a time frame to be fixed by this Court. 1/3

2.According to the petitioner, he is the owner of the aforementioned property and earlier patta was issued in his name but later under the UDR patta his name has been excluded. Therefore, he has given the aforementioned representations to the second and third respondents. Since those representations have not been considered till date, the petitioner has filed this writ petition. 3.Heard Mr.K.Natarajan, learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents.

4.No prejudice would be caused to the respondents if the petitioner's representations are considered on merits and in accordance with law. The petitioner has also filed documents along with the typed set of papers which shows that the patta stands in his name but only in the UDR patta his name has been excluded. 5.For the forgoing reasons, this Court directs the second and third respondents to consider the petitioner's representations dated 27.08.2008, 22.10.2008, 31.10.2008, 30.08.2016, 30.07.2018, 29.11.2019 and 18.02.2021, requesting the second and third respondents to include his name in the UDR patta No.46 in Survey No.363/6B measuring an extent of 0.03.

0 ares at Thennamanadu Village, Orathanadu, Thanjavur District and pass final orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order after affording a fair opportunity of hearing to the petitioner and to other persons in whose name presently Patta No.46 stands. 6.With the aforesaid direction, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 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.

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To 1.The District Collector, Thanjur District Collector Office, Thanjur District.

2.The District Revenue Officer, Orathanadu, Thanjur District.

3.The Tahsildar, Tahsildar Office, Orathanadu, Thanjur District.

4.The Village Administrative Officer, Thennamanadu Village, Orathanadu (Taluk), Orathanadu, Thanjur District.

+1 CC to M/s.K.NATARAJAN, Advocate ( SR-6560[F] dated 16/02/2022 ) +1 CC to M/s.SPL GP ( SR-6805[F] dated 17/02/2022 ) ORDER MADE IN 16.02.2022 CK(CO) GC(02.03.2022) 3P 7C 3/3