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Madras High CourtWP(MD)/3414/2022disposed of

Palanisamy P v. The District Collector

2022-02-23Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Palanisamy ... Petitioner /Vs./ 1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Revenue Divisional Officer, Palani, Dindigul.

4.The Thasildar, Ottanchathiram Taluk, Ottanchathiram, Dindigul District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent No.4 herein to issue Patta in favour of the Petitioner's father in respect of landed property an extent of 1.08.70 Hectare in Survey No.562/10 and an extent of 0.08.64 extent in Survey No.562/16 totaling 1.17.34 Hectares situated at Vadakadu Village, Ottanchathiram, Dindigul District as per the order passed by the 2nd Respondent in Na.Ka.No.18930/2020/A6, dated 18.01.2021 within the time as stipulated by this Court.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus, seeking for a direction to the fourth respondent to issue Patta in favour of the Petitioner's father in respect of landed property to an extent of 1.08.70 Hectare in Survey No.562/10 and an extent of 0.08.64 ares in Survey No.562/16, totaling 1.17.34 Hectares situated at Vadakadu Village, Ottanchathiram, Dindigul District, as per the order passed by the 2nd Respondent in Na.Ka.No.18930/2020/A6, dated 18.01.2021, within a time frame to be fixed by this Court. 1/3

2.It is the case of the petitioner that the second respondent has already recommended for issuance of patta in favour of the petitioner's father, Perumalsamy Naicker, by his order dated 18.01.2021 for the aforementioned properties. The said recommendation has not been considered till date and patta has not been issued in favour of the petitioner's father, this writ petition has been filed.

3.Heard Mr.J.Lawrance, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.No prejudice will be caused to the respondents, if the order dated 18.01.2021 passed by the second respondent in Na.Ka.No.18930/2020/A6 is considered on merits and in accordance with law. If there is any difficulty in implementation of the order dated 18.01.2021 passed by the second respondent, the fourth respondent shall give prior notice to the petitioner, before passing final orders with regard to the mutation of the revenue records in his father's name.

5.With the aforesaid direction, this Writ Petition is disposed of. It is made clear that the final orders shall be passed by the fourth respondent, within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 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 District Collector, Dindigul District, Dindigul.

2/3

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Revenue Divisional Officer, Palani, Dindigul.

4.The Thasildar, Ottanchathiram Taluk, Ottanchathiram, Dindigul District.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-8502[F] dated 24/02/2022 ) +1 CC to M/s.SPL GP ( SR-8714[F] dated 25/02/2022 ) 23.02.2022 RD(09.03.2022) 3P 7C 3/3