Madras High CourtWP(MD)/10790/2021disposed of

Sankara Narayanan v. The Dist Collector

2021-06-30Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) Sankara Narayanan ... Petitioner Vs.

1.The District Collector, Tenkasi District Collector office, 2.The Tahsildar, Sankarankoil Taluk Office, Sankarankoil ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to issue patta as per the petitioner's representation dated 24.05.2021 within the time to be stipulated by this Court.

For Petitioner :Mr.R.Karuppiah For Respondents :Mr.R.Suresh Kumar Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the second respondent to consider the representation made by the petitioner on 24.05.2021, wherein the petitioner has sought for mutation of the revenue records and for issuance of patta in the name of the petitioner. 2.The case of the petitioner is that the subject property was originally owned by his parents by virtue of two registered sale deeds in the name of the father and mother of the petitioner. The further case of the petitioner is that both the parents died and petitioner, being the only son, became the absolute owner of the subject property. It is also stated that the revenue records stood in the name of the parents of the petitioner. While so, civil proceedings were initiated and ultimately it ended up before this Court in S.A.(MD) No.881/2011 and the learned counsel for the petitioner submitted that this second appeal was also dismissed by judgment dated 29.10.2018.

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3. The petitioner made a representation to the second respondent on 24.05.2021 seeking for mutation of the revenue records and for issuance of patta in his favour. Since the same was not considered, the present writ petition has been filed seeking for appropriate directions.

4. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 24.05.2021 on its own merits and in accordance with law and pass final orders within a period of six weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.

6. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also the dismissal order of this Court in the second appeal along with a copy of this order.

7. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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.

To 1.The District Collector, Tenkasi District Collector office, 2/3

2.The Tahsildar, Sankarankoil Taluk Office, Sankarankoil +1 CC to M/s.SPL GP ( SR-20904[F] dated 01/07/2021 ) 30.06.2021 AS(06.07.2021) 3P 4C 3/3