S.Kasimayan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD) No.10522 of 2025 J.Kasimayan ... Petitioner /Vs./ 1.The District Collector, District Collectorate Building, Madurai 625 020.
2.The Revenue Divisional Officer, Uslampatti Taluk, NH-49, T. Kallupatti Theni Road, Madurai 625 532.
3.The Thasildar, Subramanya Swami Koil Street, Peraiyur, Madurai 625 703.
4.The Zonal Deputy Thasildar, Peraiyur 5.The Village Administrative Officer, Perugamanalur Village, Perngamanallur, 1/6
... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to consider the representation dated 28.02.2025 and to issue the patta in petitioner name. For Petitioner : Mr.V.N.Arjun for Mr.N.Vallinayagam For R1 to R3 & R5: Mr.M.Lingadurai Special Government Pleader For R4 : Mr.M.Gangatharan Government Advocate
ORDER
Heard Mr.V.N.Arjun learned counsel representing Mr.N.Vallinayagam, learned counsel for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader for the respondents 1 to 3 and 5 and Mr.M.Gangatharan, learned Government Advocate for the fourth respondent.
2.Considering the limited relief sought for in this writ petition, the writ petition is taken up for final disposal, with the consent of the learned counsel on either side.
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3.The learned counsel for the petitioner would submit that the petitioner has made an online application on 08.01.2025 for issuance of joint patta in his name and in the names of Co-owners. The petitioner has given a further representation on 28.02.2025 to take action on the application dated 08.01.2025. Since no steps have been taken by the third respondent, the present writ petition has been filed. 4.The learned Special Government Pleader, inviting my attention to the survey numbers, which have been mentioned in the affidavit filed in support of this writ petition and the sale deed in favour of the petitioner's parents dated 01.10.2001, would submit that the petitioner's claim for ownership of S.No.145/3A is not borne out of the record, namely, the registered sale deed, under which reliance is placed. However, he would submit that S.No.146/2 is found in the sale deed, under which the petitioner claims right. Be that as it may, the petitioner has only made representation for issuance of joint patta. 3/6
5.Without going into the merits or entitlement to the writ petitioner to issue joint patta as sought for, the third respondent shall look into all available documents and consider the petitioner's online application dated 08.01.2025 and the representation dated 28.02.2025 and pass orders on merits and in accordance with law and if necessary, after affording an opportunity to the petitioner to furnish documents in support of claiming right to S.No.145/3A within a period of 8 weeks from the date of receipt of a copy of this order.
6.With the aforesaid directions, the Writ Petition stands disposed of. No costs.
Index : Yes / No 17.04.2025 NCC : Yes / No mm TO:- 1.The District Collector, District Collectorate Building, Madurai 625 020.
2.The Revenue Divisional Officer, Uslampatti Taluk, 4/6
NH-49, T. Kallupatti Theni Road, Madurai 625 532.
3.The Thasildar, Subramanya Swami Koil Street, Peraiyur, Madurai 625 703.
4.The Zonal Deputy Thasildar, Peraiyur 5.The Village Administrative Officer, Perugamanalur Village, Perngamanallur, 5/6
P.B. BALAJI , J.
mm Order made in Dated:
17.04.2025 6/6