K.Kanagamani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.12236 of 2020 K.Kanagamani ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Karur District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Karur District.

3.The Tahsildar, Office of the Tahsildar, Aravakurichi Taluk, Karur District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the third respondent to grant patta by considering the representation dated 06.08.2020 and on the basis of communication in "X.K.3007/2020 (m4)" dated 10.08.2020 sent by the second respondent to the third respondent in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondent : Mr.A.Sivanupandian Government Advocate

ORDER

The petitioner has invoked the extraordinary jurisdiction of this Court for seeking a issue of writ of mandamus directing the third respondent to grant patta, after considering his representation dated 06.08.2020 and on the basis of communication in "X.K.3007/2020 (m4)", dated 10.08.2020, issued by the second respondent to the third respondent in accordance with law within the time stipulated by this Court.

2. It is the case of the petitioner that he has been residing in Survey No.1110, situated at Sendhamangalam Keelpaagam Village measuring to an extent of two cents. The petitioner has constructed a small thatched hut in this land. Despite several requests to the respondents to grant him with the patta, the same has not yielded the desired result. On 25.04.2019, the petitioner has submitted a representation before the first

respondent, who had forward the same to the third respondent for taking appropriate action. The petitioner would also submit that he has been regularly paying tax to the Sendhamangalam East Panchayat, Aravakurichi Panchayat Union. His registered address in all official document is the said property. He would further submit that on 06.08.2020, he had sent a representation to the respondents 1 and 2 and on 10.08.2020, the second respondent had forwarded his representation to the third respondent to take appropriate action and to grant patta in respect of the property. However, even thereafter, the third respondent had not initiated any steps to grant the same. Therefore, the petitioner has been constrained to file the above writ petition.

3. The respondent have not filed any counter.

4. Considering the limited request sought for by the petitioner and on hearing the learned counsel appearing for the parties, this Writ Petition is disposed of directing the third respondent to consider the representation of the petitioner dated 10.08.2023 and pass appropriate

orders, in the light of the fact that the petitioner has been in possession of the property for all these years, within a period of eight weeks from the date of receipt of a copy of this order. No costs. 13.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The District Collector, Office of the District Collector, Karur District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Karur District.

3.The Tahsildar, Office of the Tahsildar, Aravakurichi Taluk, Karur District.

Karur District.

P.T.ASHA, J.

cp W.P.(MD) No.12236 of 2020 Dated: 13.06.2023