Kamala Kannan Raju v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.15991 of 2024 Kamala Kannan Raju .. Petitioner Vs.

1.The District Collector, Madurai District.

2.The Tahsildar, Madurai East Taluk, Madurai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records and quash the impugned order in Na.Ka.No.80/2023/S, dated 19.06.2024 passed by the 2nd respondent and direct the 2nd respondent to measure the property and fix four boundaries based on the settlement deed dated 27.09.2010 in respect of S.No.158/5A1 to an extent of 5 cents and 145 sq.feet situated at Kodikulam Bit-I, Othakkadai Kuruvattam, Madurai East Taluk and Madurai District.

For Petitioner :

Mr.S.Vellaichamy For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner has filed this writ petition to quash the impugned order in Na.Ka.No.80/2023/S, dated 19.06.2024 passed by the second respondent and direct the second respondent to measure the property and fix four boundaries based on the settlement deed dated 27.09.2010 in respect of S.No.158/5A1 to an extent of 5 cents and 145 sq.feet situate at Kodikulam Bit-I, Othakkadai Kuruvattam, Madurai East Taluk, Madurai District.

2. Though the petitioner had submitted an online application on 04.04.2022 to the second respondent for mutation of patta, the same is yet to be taken and orders pronounced.

3. The petitioner has sought for mutation of patta on the basis of a registered settlement deed dated 27.09.2010 executed by his father in respect of an extent of 5 cents and 145 sq. ft.

4. It is unfortunate that though the online application has been made on 04.04.2022, to date steps have not been taken to issue patta in favour of the petitioner. Therefore, a mandamus is issued to the second respondent to consider the petitioner's application and pass orders within a period of six weeks from the date of receipt of a copy of this order. It is needless to state that before passing orders, the authority shall make an enquiry with the other co-owners.

5. With the above direction, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 07.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Madurai District.

2.The Tahsildar, Madurai East Taluk, Madurai District.

P.T.ASHA, J.

abr Dated: 07.08.2024