Chockalingam.C v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conference) C.Chockalingam
...Petitioner
Vs.
1) The District Collector, Thoothukudi District, Thoothukudi.
2) The Revenue Divisional Officer, Kovilpatti Division, Thoothukudi District.
3) The Thasildar, Vilathikulam Taluk, Thoothukudi District.
4) The Village Administrative Officer, Aatrankarai Village, Vilathikulam Taluk, Thoothukudi District.
.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue separate patta in the name of the petitioner in Survey No.192/1 in Aatrankarai Village, Vilathikulam Taluk by considering the petitioner's representation dated 12.02.2021 For Petitioner : Mr.V.Muthukamatchi For Respondents : Mr.K.P.Narayanakumar, Special Government Pleader ******
O R D E R
This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to act upon the representation made by the petitioner on 12.02.2021 wherein the petitioner has sought for the issuance of a separate Patta in his name with respect to the subject property.
1. The case of the petitioner is that he has purchased the 1/3
subject property by virtue of a registered sale deed dated 12.09.2016. According to the petitioner, the third respondent has included the name of one Chockalingammal, who was the original owner of the property in the Patta. The petitioner, therefore made a representation to the respondents to issue a fresh Patta in the name of the petitioner. Since the same was no acted upon, the present writ petition has been filed before this Court seeking for appropriate directions.
2. Heard Mr.V.Muthukamatchi, learned counsel for the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader appearing for the respondents.
3. Taking into consideration the facts and circumstances of the case, there shall be a direction to the third respondent to act upon the representation made by the petitioner on 05.10.2020 and deal with the same on its own merits and in accordance with law and pass orders within a period of eight (08) weeks from the date of receipt of a copy of this order.
4. If the third respondent finds that there is any other interested party claiming right over the subject property, they shall also be issued with notice, for the purpose of raising objections, if any.
5. The petitioner is directed to make a fresh representation to the third respondent alongwith all the relevant documents and also a copy of this order.
6. This Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS ) 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.
2/3
To:
1) The District Collector, Thoothukudi District, Thoothukudi.
2) The Revenue Divisional Officer, Kovilpatti Division, Thoothukudi District.
3) The Thasildar, Vilathikulam Taluk, Thoothukudi District.
4) The Village Administrative Officer, Aatrankarai Village, Vilathikulam Taluk, Thoothukudi District.
+1 CC to M/s.SPL GP ( SR-16734[F] dated 20/04/2021 ) Order made in KE(04.05.2021) 3P 6C 3/3