A.Muniyandi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN A.Muniyandi ... Petitioner Vs.
1.The District Collector, Dindigul District, Dindigul.
2.The Revenue Divisional Officer, O/o, the Revenue Divisional Office, Sub Collector Office Road, 3.
The Tahsildar, O/o, the Tahsildar, Aathoor Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second and third respondents to mutate patta in respect of the property situated in S.No.26 to an extent of 37 Cents, Palayamkottai Village, Aathoor Taluk, Dindigul District in pursuant to the registered sale deed dated 10.08.2015 and by considering the petitioner's representation dated 06.10.2020 within the stipulated period.
For Petitioner :
Mr. C.Venkatesh Kumar for M/s Ajmal Associates For respondents :
Mr.K.P.Krishnadoss Special Government Pleader
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus directing the second and third respondents to mutate patta in respect of the property situated in S.No.26 to an extent of 37 Cents, Palayamkottai Village, Aathoor Taluk, Dindigul District in pursuant to the registered sale deed dated 10.08.2015 and by considering the petitioner's representation dated 06.10.2020 within the stipulated period.
2.Heard the learned Counsel appearing for the petitioner and Mr.K.P.Krishnadoss, learned Special Government Pleader, who took notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself. 1/3
3.The learned Counsel appearing for the petitioner would submit that a land measuring to an extent of 37 Cents comprised in Survey No.26, Palayamkottai Village, Aathoor Taluk, Dindigul District was purchased by the petitioner through Court auction and the same was registered on 10.08.2015 vide E.P.No.30/13 in O.S.No.172/2012. Thereafter, the petitioner had approached the respondents to make necessary changes in the revenue records and to grant patta but no action has been taken by the respondent. Therefore, the petitioner made a representation on 06.10.2020. Since there was no response from the respondents, the petitioner has come forward with the present Writ Petition.
4.Considering the facts and circumstances, the third respondent is directed to consider the representation of the petitioner, dated 19.06.2019 and pass appropriate orders on merits and in accordance with law, after hearing the petitioner and the persons who are likely to be affected. In case of issuance of patta, survey needs to be conducted and the said survey shall be photographed and videographed in the presence of the petitioner and the persons who are likely to be affected and the costs of photograph and Videograph to be borne by the party seeking patta. Such exercise shall be completed within a period of 120 days from the date of receipt of a copy of this order. It is made clear that this Court has not decided the rights of the parties in the present Writ Petition. It is open to the respondents to decide the same. The directions given in W.P(MD).No.7746 of 2020 batch, dated 23.09.2020 and W.P.(MD)No.13465 of 2020 dated 05.10.2020 should be followed wherever it is applicable.
5.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To 1.The District Collector, Dindigul District,Dindigul.
2.The Revenue Divisional Officer, O/o, the Revenue Divisional Officer, Sub Collector Office Road, 2/3
3.The Tahsildar, O/o, the Tahsildar, Aathoor Taluk, +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-22127[F] dated 19/11/2020 ) +1 CC to M/s.GP ( SR-22207[F] dated 19/11/2020 ) 18.11.2020 VR(CO) AP(10/12/2020) 3P 6C 3/3