Kannusamy.S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Kannusamy ... Petitioner /Vs./ 1.The District Collector, Collector Office, Dindigul District.
2.The Revenue Divisional Officer, O/O, RDO, Dindigul, Dindigul District.
3.The Tahsildar, Taluk Office, Nilakottai Taluk, Dindigul District.
4.The Zonal Deputy Tahsildar, Nilakottai Taluk, Dindigul District.
5.The Land Surveyor, Nilakottai Taluk, Pallapatty Village, Dindigul District - 624 208.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to issue patta in favour of the petitioner by measuring and demarcating the agricultural lands in survey nos.174/10, 174/11, 174/2, 174/3, 174/4, 174/6, 174/7, 174/8 and 174/9 to the total extent of 5 Acres (or above approximately), comprised in patta no.163 which situated at Pallapatty Village, Nilakottai Taluk, Dindigul District based on the petitioner's representation dated 12.04.2022. For Petitioner : Ms.Benazir Begam for Mr.K.Srinivasaraagavan For Respondents : Mr.T.Amjad Khan Government Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to issue patta in favour of the petitioner by measuring and demarcating the agricultural lands in 1/3
Survey Nos.174/10, 174/11, 174/2, 174/3, 174/4, 174/6, 174/7, 174/8 and 174/9 to the total extent of 5 Acres (or above approximately), comprised in patta no.163 which is situated at Pallapatty Village, Nilakottai Taluk, Dindigul District, within a time frame to be fixed by this Court.
2.The petitioner has given a representation on 12.04.2022 for the aforementioned purpose. Since the said representation has not been considered till date, he has filed this writ petition. 3.Heard Ms.Benazir Begam, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.
4.The petitioner has filed documents along with this writ petition, including the legal heirship certificate for Annammal, who is the mother of the petitioner's wife and the legal heirship certificate for the petitioner's wife, Chandra. It is for the respondents to consider the same on merits and in accordance with law.
5.The petitioner only seeks for survey and demarcation of the boundaries and for issuance of patta for the subject property in the names of the legal heirs of the deceased Annammal, who was the owner of the property during her lifetime. The patta also stands in the name of Annammal, as seen from the patta No.163, which has been filed along with this writ petition.
6.No prejudice would be caused to third respondent, if the representation seeking for issuance of patta submitted by the petitioner is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the third respondent deems to enquire. 7.For the foregoing reasons, this Court directs the third respondent with the assistance of the fifth respondent to survey and demarcate the boundaries pertaining to the property comprised in Survey Nos.174/10, 174/11, 174/2, 174/3, 174/4, 174/6, 174/7, 174/8 and 174/9 to the total extent of 5 Acres (or above approximately), comprised in patta no.
163 which is situated at Pallapatty Village, Nilakottai Taluk, Dindigul District, in the presence of the petitioner and other necessary parties, whom the third respondent deems fit to put on notice and thereafter consider the petitioner's application seeking for issuance of patta in the names of the legal heirs of the Annammal, after affording a fair hearing to the petitioner and other necessary parties, whom the third respondent deems to enquire, and pass final orders within a period of six (6) weeks from the date of completion of survey and demarcation.
8.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The District Collector, Collector Office, Dindigul District.
2.The Revenue Divisional Officer, O/O, RDO, Dindigul, Dindigul District.
3.The Tahsildar, Taluk Office, Nilakottai Taluk, Dindigul District.
4.The Zonal Deputy Tahsildar, Nilakottai Taluk, Dindigul District.
5.The Land Surveyor, Nilakottai Taluk, Pallapatty Village, Dindigul District - 624 208.
+1 CC to M/s.SPL.GP. ( SR-20738[F] dated 22/04/2022 ) 21.04.2022 RD(09.05.2022) 3P 7C 3/3