Dhandapani.K v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD).No.7506 of 2022 K.Dhandapani ... Petitioner Vs.
1.The District Revenue Officer, Dindigul District, Dindigul.
2.The Tahsildar, 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 first respondent to mutate revenue records in the petitioner's name with respect to house situated in Dindigul District, Ottanchathiram Taluk, Idayakottai Village in S.F.No.195/2 and consequently directing the respondents to issue patta in the petitioner's name with respect to the above said survey number based on the petitioner's representation dated 23.10.2020. For Petitioner : Mr.S.Krishnan For Respondents : Mr.T.Amjad Khan Government Advocate
O R D E R
This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to mutate the revenue records in the petitioner's name with respect to the house property situated in Dindigul District, Ottanchathiram Taluk, Idayakottai Village, in S.F.No.195/2 and consequently, directing the respondents to issue patta in the petitioner's name with respect to the above said survey number based on the petitioner's representation, dated 23.10.2020, within a time frame to be fixed by this Court. 2.Heard Mr.S.Krishnan, learned counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.
3.At the outset the learned Government Advocate, appearing for the respondents would point out that the petitioner's representation, dated 23.10.2020, seeking for issuance of patta is for a larger extent of land though in the affidavit filed in support of the writ petition, he seeks for issuance of patta only in respect of three cents, where the petitioner's house is situated. Therefore, 1/3
he would submit that the petitioner will have to give a fresh representation. The said statement is recorded. 4.The learned counsel for the petitioner also submits that the petitioner is now willing to give a fresh representation restricting his right for patta for three cents of land alone, which includes his house. The said statement is recorded.
5.After hearing the submissions made by the respective counsels, this writ petition is disposed of by directing the petitioner to submit a fresh application to the respondents, seeking for issuance of separate patta in his name in respect of his land measuring three cents and the house constructed there on, situated in Dindigul District, Ottanchathiram Taluk, in S.F.No.195/2, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said application, the second respondent shall pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the second respondent deems fit to enquire, within a period of four weeks, thereafter. Liberty is also granted to the petitioner to challenge the order, dated 31.12.2019, passed by the second respondent, rejecting the petitioner's earlier application, seeking for issuance of patta for a larger extent in the manner known to the petitioner under law.
6.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (AS) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) TM To 1.The District Revenue Officer, Dindigul District, Dindigul.
2.The Tahsildar, Ottanchathiram Taluk, Ottanchathiram, Dindigul District.
+1 CC to M/s.S.KRISHNAN, Advocate ( SR-20654[F] dated 22/04/2022 ) 2/3
+1 CC to M/s.SPL.GP. ( SR-20718[F] dated 22/04/2022 ) 21.04.2022 SP(CO) KB(05.05.2022) 3P 5C 3/3