Thiruvengada Thevar v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Thiruvengada Thevar Petitioner Vs.

1. The District Collector, Thanjavur District, Thanjavur.

2. The Revenue Divisional Officer, Pattukkottai, Thanjavur District.

3. The Tahsildar, Taluk Office, Peravoorani Taluk, Thanjavur District.

4. Tmt.Kalarani Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to grant patta to the petitioner for Survey Nos.189/4C measuring 4 cents, Survey No.189/13 measuring 4 cents, 189/16 measuring 6 cents, 189/8 measuring 42 cents, Survey No.199/10 measuring 5 cents and Survey No.199/11 measuring 32 cents situated in Kuruvikarambai-1 village, Peravoorani Taluk, Thanjavur District covered by B-Schedule of properties allotted to his father Kothandapani Thevar, vide registered partition deed dated 14.12.1973 vide Doc.No.1943/1973. For Petitioner : Mr.C.Padmarraj For R1 to R3 : Mr.M.Lingadurai Government Advocate

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents 1 to 3 to consider the representation made by the petitioner on 01.02.2021, wherein, the petitioner is seeking for issuance of patta in his name with respect to the subject property.

2. The case of the petitioner is that the property was 1/3

allotted in his favour by virtue of a registered partition deed, dated 14.12.1973. The petitioner thereafter applied for patta before the first and second respondents in the year 2010 and the petitioner was informed that the same was not considered due to the objections given by the third respondent.

3. The petitioner was thereafter following up with the respondents and ultimately, a representation came to be given on 01.02.2021 seeking for issuance of patta. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.C.Padmaraj, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing on behalf of the respondents 1 to 3.

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 third respondent to consider the representation made by the petitioner on 01.02.2021 after affording opportunity to the petitioner and the fourth respondent and deal with the same on its own merits and in accordance with law and pass final orders within a period of six (6) weeks from the date of receipt of a copy of this order.

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

7. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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 Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Pattukkottai, Thanjavur District.

3.The Tahsildar, Taluk Office, Peravoorani Taluk, Thanjavur District.

+1 CC to M/s.C.PADMARAJ, Advocate ( SR-21294[F] dated 06/07/2021 ) +1 CC to M/s.SPL GP ( SR-21532[F] dated 07/07/2021 ) Dated 06.07.2021 CM(CO) RK (13.07.2021) 3P 6C 3/3