Madras High CourtWP(MD)/20015/2016disposed of

N.Nagarajan, v. The District Collector

2016-10-19Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.20015 of 2016 N.Nagarajan ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Kodaikanal Taluk, Kodaikanal, Dindigul District.

3.The District Revenue Officer, Dindigul District.

... Respondents (The third respondent is suo moto impleaded as per the order of this Court, dated 19.10.2016.) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to complete the process regarding issuance of patta in respect of the property in Survey No.1382 within a stipulated time fixed by this Hon'ble Court. For Petitioner : Mr.S.Anwar Sameem For Respondents : Mr.N.S.Karthikeyan Addl. Govt. Pleader

ORDER

The petitioner has filed this Writ Petition seeking a direction, directing the respondents to complete the process regarding issuance of patta in respect of the property in Survey No.1382 within stipulated time fixed by this Court. 2.According to the petitioner, the land in Sy.No.207, New Sy.No.951-1382 was originally classified as Ryotwari patta. Subsequently, without notice to the petitioner, the said land was https://hcservices.ecourts.gov.in/hcservices/

reclassified as 'assessed dry land'. Hence, he made an application before the second respondent/Tahsildar, Kodaikanal Taluk, Dindigul District to rectify the mistake. Already, the second respondent made a recommendation to the District Revenue Officer, Dindigul, for change of classification as early as on 31.12.2011. Sofar, no action has been taken by the District Revenue Officer.

3.Even though the matter is pending with the District Revenue Officer, he is not added as a party. Hence, the District Revenue Officer, Dindigul is suo motu impleaded as a party respondent.

4.Heard the submissions made on either side and perused the documents carefully.

5.In the above circumstances, the District Revenue Officer, Dindigul is directed to consider the petitioner's application, on the basis of the recommendation made by the second respondent/Tahsildar, Kodaikanal Taluk, Dindigul District and pass orders, on merits and in accordance with law, after issuing notice to the petitioner as well as rival claimants, within a period of 12 weeks from the date of receipt of a copy of this order. 6.With the above direction, this writ petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District,Dindigul.

2.The Tahsildar, Kodaikanal Taluk, Kodaikanal, Dindigul District.

3.The District Revenue Officer, Dindigul District.

+1 cc to The Special Government Pleader in SR.No.62294 +1 cc to M/s.T.Antony Arulraj, Advocate in SR.No.62165 vs CSL/SS-2/17.11.2016 :2P/6C W.P(MD)No.20015 of 2016 19.10.2016 https://hcservices.ecourts.gov.in/hcservices/