Kandasamy.K v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Hony.Captain K.Kandasamy .. Petitioner Vs 1.The District Revenue Officer, District Revenue Office, Tenkasi District.
2.The Revenue Divisional Officer, Revenue Divisional Officer, Kadayanallur, Tenkasi District.
3.The Tahsildar, Tahsildar Office, Kadayanallur, Tenkasi District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to grant patta in the petitioner's name for survey No.412/1 of Urmelazhagiyan Village, Kadayanallur Taluk, based on the representation, dated 28.03.2022, sent by the petitioner, within the time frame stipulated by this Court.
For Petitioner : Mr.G.Karthick For Respondents : Mrs.S.Jeyapriya Government Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to grant patta in the name of the petitioner for survey No.412/1 of Urmelazhagiyan Village, Kadayanallur Taluk, based on the petitioner's representation, dated 28.03.2022, within a time frame to be fixed by this Court. 2.The petitioner claims that he is the absolute owner of the aforementioned property and is in possession of the same. He has filed documents along with the writ petition to substantiate his case that he is the owner and is in possession of the same. He has applied for patta on 05.10.2020, with the respondents. Thereafter, the third respondent had also initiated enquiry proceedings on 1/3
26.11.2020. Since no progress was shown thereafter, the petitioner has filed this writ petition.
3.Heard Mr.G.Karthick, learned counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accept notice on behalf of the respondents.
4.The petitioner has filed documents along with the writ petition to substantiate his claim that he is the absolute owner of the aforementioned property and is in possession of the same. Admittedly, he has submitted an application seeking for issuance of patta with the respondents as early as on 05.10.2020. The third respondent has also acted upon the said application and initiated enquiry on 26.11.2020.
5.No prejudice will be caused to the respondents, if the petitioner's representation, seeking for issuance of patta for the aforementioned property is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the third respondent deems fit to enquire and pass final orders, within a time frame to be fixed by this Court.
6.For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's application, dated 05.10.2020, seeking for issuance of patta for the property in the name of petitioner in respect of the property comprised in survey No.412/1 of Urmelazhagiyan Village, Kadayanallur Taluk, after affording a fair hearing to the petitioner and any other necessary party, whom the third respondent deems fit to enquire, including granting them the right of personal hearing, within a period of three months from the date of receipt of a copy of this order. 7.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 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 Revenue Officer, District Revenue Office, Tenkasi District.
2.The Revenue Divisional Officer, Revenue Divisional Officer, Kadayanallur, Tenkasi District.
3.The Tahsildar, Tahsildar Office, Kadayanallur, Tenkasi District. +1 CC to M/s.N. GANAGASAPAPATHY, Advocate ( SR-19955[F] dated 21/04/2022 ) +1 CC to M/s.SPL.GP ( SR-20077[F] dated 21/04/2022 ) 20.04.2022 RD(09.05.2022) 3P 6C 3/3