A.Andiyappan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Tuesday, the Twenty Sixth day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR WP(MD).Nos.7746,6308,8659,8373 of 2020 & 22506,1628 and 5920 of 2019 and 18676,3416,25497, 25503, 21569,2613,2448 and 20163 of 2018 and WMP.(MD) No. 3548 of 2018 A.Andiyappan 1.The Revenue Divisional Officer, Revenue Divisional Office, Iluppur Taluk, Pudukottai District 2.The Tahsildar, Taluk Office, Ponnamaravathi Taluk, Pudukottai District Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus or any other order or direction in the nature of the Writ, directing the 2nd Respondent to issue Patta to the petitioners property to an extent of 8 cents of land in Survey No.79/1 in Thenur Village, Alavayal Circle, Ponnamaravathi Taluk., Pudukottai District on the basis of petitioners representataion dated 22-05-2020, 27-05-2020. For Petitioner .. Mr.D.Senthil For Respondents .. Mr. Veerakathiravan WP(MD).No.6308 of 2020:

C.Kalarani The Thasildhar, Madurai North Taluk, Madurai-625 020.

... Respondent Prayer in WP(MD). 6308/ 2020 :

India, praying this Court To issue the writ of mandamus by directing 1/12

the respondent to conduct enquiry for patta proceedings to issue a patta in the name of the petitioner on the basis of her application dt 08.01.2020 submitted by the petitioner to the respondent inrespect of house bearing Door No.3/335 comprised in old S.No.179/1 Part Now, UDR S.No.266/19, measuring about 0.00.38.0 Sq.mtr, Thenur 2nd Bit Village, Samayanallur via, Madurai North Taluk, Madurai District within a time frame as may be fixed by this Honble Court For Petitioner : Mr.M.Ponniah For Respondent : Mr. Veerakathiravan WP(MD).No.8659/ 2020 C.Prasanamuthaiah The Tahsildar, Madurai East Taluk, Y.Othakadai, Narasingam, Madurai 625107.

... Respondent Prayer in WP(MD). 8659/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue Writ of Mandamus directing the respondent to conduct enquiry for patta proceedings to issue a joint patta in the name of the petitioner and in the name of the legal heirs of his father on the basis of his application dated 18.06.2019 submitted by him to the respondent in respect of their property comprised in S.No.24/4D1, 24/4A 24/4D2, 25/7A1 situated at Sivalingam village, Madurai North Taluk, Madurai District with in a time frame fixed by this Hon'ble Court .

For Petitioner : Mr.M.Ponniah For Respondent : Mr. Veerakathiravan WP(MD).No.8373/2020 M.Muthu Manickam 1.The Tahsildar, Uthamapalayam Taluk, Theni District.

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2.The Zonal Deputy Thasildar, Uthamapalayam Taluk, Theni District Prayer in WP(MD). 8373/ 2020 :

India, praying this Court To issue a Writ of Mandamus to directing the respondents to issue patta to the petitioner in respect to Survey no.584/1A1 situated at Kutchanur village, Uthamapalayam Taluk, Theni district by considering his online application vide no.2020/0103/25/041761 dt 03.02.2020 with in a time frame fixed by this Hon'ble Court .

For Petitioner : Mr.C.Prithviraj For Respondent : Mr. Veerakathiravan WP(MD).No.22506/ 2019 S.Jeyavel 1.The Revenue Divisional Officer, Sivagangai - Sivagangai District 2.The Tahsildar, Thiruppuvanam, Sivagangai District 3.The Village Administrative Officer, Piramanur Group, Thiruppuvanam Taluk, Sivagangai District.

4.Pitchai 5.Rajapandian Prayer in WP(MD). 22506/ 2019 :

India, praying this Court directing the 1st respondent to take action on the enquiry proceedings of 1st respondent with regard to issuance of patta enquiry notice issued in O.M.A3/6512/2017 dated on 28/11/2017, consider the petitioner application made on 24/10/2017 and stipulated time may be fixed on proceedings of the 1st respondent For Petitioner : Mr.S.Krishnan For Respondent : Mr. Veerakathiravan 3/12

WP(MD).No.1628/2019 A. Vellaichamy 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Thasildar, Kariyapatti Taluk, Kariyapatti, Virudhunagar District 3.The Surveyor, Kariyapatti Taluk, Virudhunagar District Prayer in WP(MD). 1628/ 2019 :

India, praying this Court To issue a Writ of Mandamus, directing the Respondents to survey the Petitioners Punja Land in Survey No.52/3C1B to an extent of 05.35 Ares situated at Sithumoondradaippu, Kariyapatti Taluk, Virudhunagar District confined in Joint patta No.202 and to issue separate Patta in his favour after necessary sub division in the said land on the basis of his Representation dated 31.12.2018 For Petitioner : Mr.N.Anandakumar For Respondent : Mr. Veerakathiravan WP(MD).No.5920/2019 G.Vasahar 1.The District Collector, Theni District, Theni. 2.The Tahsildar, Bodinaickanur Taluk Office, Bodinaickanur, Theni District.

Prayer in WP(MD). 5920/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 2nd respondent to issue patta in petitioners name in Survey No.688/3 situated at Chillamarthupatti, Bodinaickanur Taluk, Theni District, by considering the petitioners representation dated 21/01/2019.

For Petitioner : Mr.S.Pakalavan For Respondent : Mr. Veerakathiravan 4/12

WP(MD).No.18676/2018 C.Mohandhas 1.The State of Tamil Nadu Rep. by District Collector of Kanyakumari District at Nagercoil. 2.Revenue Divisional Officer, Padmanabhapuram Revenue Sub-Division at Thuckalay, Kanyakumari District.

3.The Tahsildar, Vilavancode Taluk of Kuzhithurai, Kuzhithurai Post, Kanyakumari District.

Prayer in WP(MD). 18676/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to issue patta on the application made by the petitioner on 14.06.2018 by post and subsequently made application online on 19.06.2018 vide application numbers 2018/0103/30/157559, 2018/0103/30/157546, 2018/0103/30/157567 (CAN) 0333004414073 within time to be fixed by this Court .

For Petitioner : Mr.V.H.S.Prathap For Respondent : Mr.Veerakathiravan WP(MD).No.3416/2018 S.Ratnasamy 1.The District Collector, Tirunelveli District. 2.The Tahsildar, Sengottai Taluk, Tirunelveli District. 3.S.Selva Anthony Prayer in WP(MD). 3416/ 2018 :

India, praying this Court To issue a Writ of Mandamus directing the 2nd respondent to revoke the name of the 3rd respondents husband 5/12

from the patta issued to the petitioner bearing Patta No.2814 and issue independent Patta to the petitioner in respect of the property bearing survey No.598/2A by considering the petitioners representation dated 06/02/2018.

For Petitioner : Mr.Gnanagurunathan For Respondent : Mr. Veerakathiravan WP(MD).No.25497/2018 S.Subramanian 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Revenue Officer, Tirunelveli, Tirunelveli District 3.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, Tirunelveli District. 4.The Tahsildar, Sankarankovil Taluk, Tirunelveli District Prayer in WP(MD). 25497/ 2018 :

India, praying this Court To issue a Writ of Mandamus, directing the 4th respondent to issue patta in favour of my name after making necessary changes in the village accounts and revenue registers within a time stipulated by this Honourable Court. For Petitioner : Mr.Vinodh For Respondent : Mr. Veerakathiravan WP(MD).No.25503/2018 K.Ananthachary The Revenue Tahsildar, Trichirappalli Taluk, Trichirappalli District.

... Respondent 6/12

Prayer in WP(MD). 25503/ 2018 :

India, praying this Court To issue a Writ of Mandamus, directing the Respondent to issue Patta in favour of the petitioner based on the petitioners application dated 12.12.2018 for the property measuring 3540 Sq. feet in New T.S.No.5/1A 1A 1A/1A8 (H.C.C.O.1467) and T.S.No.5/1A 1A 1A/1A9 (H.C.C. 0.1418) situated at New Block No.21, New Trichirappalli Municipal ward No.L, K.Abishekapuram Village, Trichirappalli Taluk, Trichirappalli District. For Petitioner : Mr.M.Kannan For Respondent : Mr. Veerakathiravan WP(MD).No.21569/2018 B.Jeyachandran 1.The District Collector, Collectorate Office, Dindigul. 2.The Thasildhar, Nilakkottai Taluk Office, Nilakkottai, Dindigul District.

3.Kandasamy Prayer in WP(MD). 21569/ 2018 :

India, praying this Court To issue a Writ of Mandamus, directing the 2nd respondent to issue patta in respect in land admeasuring an extent of 61 cents in S.No.10/1 Ethilod Village, Nilakkottai Taluk, Dindigul District in the light of judgment and decree made in A.S.No.33 of 2015 on the file of the Principal Sub Court, Dindigul dated 01.08.2016 based on the representation dated 02.06.2018 preferred by the petitioner.

For Petitioner : Mr.S.Vellaichamy For Respondent : Mr. Veerakathiravan WP(MD).No.2613/2018 A.Kulandairaj 1.The District Collector, Tiruchirappalli District, Trichirappalli.

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2.The District Revenue Officer, Lalgudi, Trichy District.

3.The Revenue Divisonal Officer, Lalgudi, Trichy District.

Prayer in WP(MD). 2613/ 2018 :

India, praying this Court To issue a Writ of Mandamus directing the respondents to consider the petitioners representation dated 24/07/217 seeking for issuance of joint patta in the petitioners name ..

For Petitioner : Mr.M.Sidharthan For Respondent : Mr. Veerakathiravan WP(MD).No.2448 of 2018 Murugan 1.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Taluk Office, V.K.Pudur Taluk, Tirunelveli District.

Prayer in WP(MD). 2448/ 2018 :

India, praying this Court To issue a Writ of Mandamus thereby directing the 2nd respondent to consider the petitioners representation dated 11/01/2018 for change of patta. For Petitioner : Mr. J.C.Rathnavel Pandian For Respondent : Mr. Veerakathiravan WP(MD).No.20163/2018 Valliammal 1.The District Collector, Tirunelveli District, Tirunelveli District.

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2.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

3.The Thasildar, Taluk Office, Sankarankovil, Tirunelveli District Prayer in WP(MD). 20163/ 2018 :

India, praying this Court To issue a Writ of mandamus directing the Respondents herein to issue Patta to the Petitioners house site bearing Old Survey No.509/5 new Survey No.800/8 of an extent of 40 cents at Ilavankulam, Srigomathipuram Post, Sankarankovil, Tirunelveli District by considering the last representations of the Petitioner dated 28.08.2018 within stipulated time framed by this Honble Court.

For Petitioner : Mr. A.Saravanan For Respondent : Mr. Veerakathiravan ORDER:- These Writ Petitions are coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of both sides, this Court made the following order:

Today, when the matter was taken up for hearing, the learned Additional Advocate General appearing for the respondents submitted a report as assured before this Court that all the efforts will be taken by the respondents Department to dispose of all the pending applications.

2. The details of disposed applications have been furnished before this Court, which is indicated as follows: As per the online report generated OPT-ISD applications which were pending pertaining to the year 2020, 13731 applications are pending in following Districts as on 24.10.2021 i.e. (i) Krishnagiri District - 9746, (2) Coimbatore - 3000 (3) Tirupathur - 446 (4) Vellore - 531 (5) Chennai - 6 (6) Eorde - 1 and (7) Tirunelveli - 1.

3. Pursuant to the report filed before this Court as on 25.10.2021, the learned Additional Advocate General received a communication from the Department and he has filed on line patta transfer report before this Court as on 26.10.2021. The said online report disclosed the fact that the pendency of (STR + RTR) involving subdivisions from 01.01.2020 to 31.12.2020 pending with 9/12

Surveyour, LRD, Deputy Inspector of Survey and Thasildar respectively. The learned Additional Advocate General submitted that action has been taken to dispose of the applications purusant to the current year 2020-2021 as on 25.10.2021 received from the various Districts, will be disposed of on or before December 2021. This case came up before this Court on 06.10.2021 and posted today for filing a report. Within a short period, the Department has disposed of 79,726 applications putting more efforts.

4. In view of the undertaking given before this Court, the Department has closely reviewed for disposing of pending 6.5 Lakhs OPT-ISD applications, further assured before this Court to dispose of the said application as per their undertaking before this Court as on 25.10.2021 nearly 6.5 Lakhs pending applications will be disposed of on or before December 2021.

5. In view of the submission of the learned Additional Advocate General, this Court directs the authorities concerned to take effective steps to dispose of all the applications at the earliest as assured before this Court and further any suggestions from the Subordinate officials through District Collector for early disposal of these applications and the same will be considered by the respondent Department.

6. In view of the above, Registry is directed to post the matter during 2nd week of February 2022 for reporting compliance as a final chance.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The District Collector, Kayakumari District at Nagercoil.

2. The District Collector, Theni District, Theni.

3. The District Collector, Collectorate Office, Dindigul.

4. The District Collector, Tiruchirappalli District, Trichy.

5. The District Collector, Tirunelveli District, Tirunelveli.

6. The District Collector, Virudhunagar Distict, Virudhunagar. 10/12

7. The District Revenue Officer, Lalgudi, Trichirappalli.

8. The District Revenue Officer, Tirunelveli, Tirunelveli District.

9. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District 10.The Revenue Divisional Officer, Lalgudi, Trichirappalli Distict. 11.The Revenue Divisional Officer, Tenkasi, Tirunelveli Distict. 12.The Revenue Divisional Officer, Sivagangai, Sivagangai Distict. 13.The Revenue Divisional Officer, Revenue Divisional Office, Iluppur Taluk, Pudukottai District.

14.The Revenue Divisional Officer, Padmanabhapuram Revenue Sub Division at Thackalay, Kanyakumari Distict.

15. The Revenue Tahsildar, Tiruchirappalli Taluk, Tiruchirappalli Distict.

16. The Tahsildar, Taluk Office, Sankarankovil, Tirunelveli Distict.

17. The Tahsildar, Taluk Office, V.K.Pudur Taluk, Tirunelveli Distict.

18. The Tahsildar, Nilakkottai Taluk Office, Dindigul Distict.

19. The Tahsildar, Taluk Office Ponnamaravathi Taluk. Pudukottai District.

20. The Tahsildar, Madurai North Taluk, Madurai.

21. The Tahsildar, Madurai East Taluk, Y.Othakkadai Narasingam, Madurai.

22. The Tahsildar, Uthamapalayam Taluk, Theni Distict

23. The Tahsildar, Kariyapatti Taluk, Kariyapatti, Virudhunagar District.

24. The Tahsildar, Bodinaickanur Taluk Office, Bodinaickanur, Theni Distict.

25.The Tahsildar, Vilavancode Taluk of Kuzhithurai, Kuzhithurai Post, Kanyakumari Distict.

26.The Tahsildar, Sengottai Taluk, Tirunelveli Distict. 11/12

27.The Tahsildar, Thiruppuvanam, Sivagangai Distict. 28.The Zonal Deputy Tahsildar, Uthamapalayam Taluk, Theni Distict. 29.The Village Administrative Officer, Piramanur Group, Thripuvanam Taluk, Sivagangai Distict.

30.The Surveyor, Kariyapatti Taluk, Virudhunagar Distict. ORDER DATED : 26/10/2021 ==========================

ORDER

========================== WP(MD).Nos. 7746, 6308, 8659, 8373 of 2020 & 22506, 1628 and 5920 of 2019 and 18676, 3416, 25497, 25503, 21569, 2613, 2448 and 20163 of 2018 and WMP.(MD) No.3548 of 2018 Giving direction and etc.

as stated within.

PS(CO) SB(24.01.2022) 20P 31C 12/12