E.Karuppuchamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI E.Karuppuchamy ... Petitioner /Vs./ 1.The District Collector, Office of the District Collectorate, 2.The District Revenue Officer, Office of the District Revenue Office, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Melur, 4.The Tahsildar, Office of the Tahsildar, Melur Taluk, ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the fourth respondent to expedite the enquiry issue based on the proceedings of third respondent in X.K.vz;. 1/6

6364/2024/M1, dated 16.10.2024 and consequently direct the fourth respondent to issue patta in the name of petitioner namely Karuppuchamy S/o.Irulandi for the property situated at survey No.73/2 with an extent of 5 acres 76 cents at Aamoor Village, Melur Taluk, For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner seeks limited relief of issuance of a Writ of Mandamus to direct the fourth respondent to expedite the enquiry pending in O.Moo.6364/2024/A1, dated 16.10.2024.

2. I have heard the learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the official respondents.

3. With the consent of parties, the writ petition is taken up for final disposal.

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4. The case of the petitioner is that the subject lands originally belonged to one Krishnan, who was being represented by his guardian Mookkammal, having purchased the property in and by the registered sale deed dated 27.07.1966. The said Krishnan died on 12.02.2015 leaving behind his wife Mrs.Kanagarani as his only surviving legal heir. As the said Kanagarani and her husband were not blessed with any children, they have been treating the petitioner as their own brother and have nominated the petitioner to receive the benefits of pension from the official departments. The Kanagarani has also executed a Will in favour of the petitioner, in and by the registered Will dated 12.04.2021. The said Kanagarani has made an application on 23.08.2023 for issuance of patta. However, the same has been rejected by the fourth respondent.

Now the said Kanagarani is also not alive and by virtue of the Will, the petitioner becomes entitiled to the subject lands. The petitioner thereafter has made a detailed representation on 21.08.2024 seeking issuance of patta in his name. The said application was forwarded by the third respondent to the fourth respondent to conduct a detailed enquiry and submit a report.

enquiry proceedings in O.Moo.No.6364/2024/A1, dated 16.10.2024. The petitioner only seeks for expeditious conclusion of the said enquiry pending before the fourth respondent.

5. Considering the above, there shall be a direction to the fourth respondent to conclude the pending enquiry proceedings in O.Moo.No. 6364/2024/A1 dated 16.10.2024 within a period of eight weeks from the date of receipt of a copy of this order on merits and in accordance with law and shall forward the necessary report to the third respondent, who shall thereafter pass suitable orders, within four weeks from the date of the report from the fourth respondent.

6. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 03.03.2025 am 4/6

To 1.The District Collector, Office of the District Collectorate, 2.The District Revenue Officer, Office of the District Revenue Office, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Melur, 4.The Tahsildar, Office of the Tahsildar, Melur Taluk, 5/6

P.B. BALAJI , J.

am Order made in Dated:

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