Antony Santhana Siluvainathan v. The Dist.Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.19884 of 2021 Antony Santhana Siluvainathan ... Petitioner Vs.
1.The District Revenue Officer, Office of the District Revenue, Thoothukudi District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Tiruchendur, Thoothukudi District.
3.The Tahsildar, Office of the Tahsildar, Sathangulam, Thoothukudi District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and second respondents to consider the petitioner's representation, dated 06.08.2021, for issuance of patta to his property comprised in Old Natham Survey No.89/1 total to an extent of 9.44 cents at present classified as Subdivision S.Nos.667/4 and 667/6 at Naduvakurichi Village, Sathankulam Taluk, Thoothukudi District by obtaining the detail report from the third respondent within the time frame as fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.D.Ghandiraj Special Government Pleader
ORDER
The Writ Petition has been filed in the nature of Mandamus, seeking a direction to the first and second respondents to consider the representation of the petitioner, dated 06.08.2021, to grant patta to his property in old Natham S.No.89/1, measuring 9.44 cents, which survey number had been sub-divided as S.Nos.667/4 and 667/6 at Naduvakurichi Village, Sathankulam Taluk in Thoothukudi District.
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2.The petitioner also seeks that the third respondent/Tahsildar, Sathankulam, may give a detailed report regarding the nature of the lands. The petitioner is under an obligation to personally appear before the Tahsildar, Sathankulam, with relevant documents.
3.Prior to appearance of the petitioner before the third respondent, the petitioner must give an online application, seeking patta and in the said online application he must clearly give the details of the survey numbers of the lands for which he seeks patta.
4.It is stated that a portion of the land, is being classified as 'Sandhu'. The Tahsildar, Sathankulam, may therefore, examine the revenue records and make a field inspection if required along with the help of surveyor and identify the lands and thereafter, take a decision whether patta can be granted to the petitioner or not. Let the documents of the petitioner also be enquired. 5.Let all these steps be taken by the Tahsildar and if the revenue records reveal that patta cannot be granted, the Tahsildar is well within his powers to inform the petitioner about that particular decision. If patta can be granted then the Tahsildar may again take such a decision.
If the revenue records stands in the name of any third person, even if they are in the names of the family members of the petitioner, notice must be issued to those persons including all family members of the petitioner and enquiry must be conducted and then a decision must be taken. 6.The third respondent may take sixteen weeks time to complete such exercise and the time will run from the date on which the petitioner makes a fresh online application, by making necessary payment directly for seeking patta.
7.With the said observation, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Lr Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the 2/3
correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Revenue Officer, Office of the District Revenue, Thoothukudi District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Tiruchendur, Thoothukudi District.
3.The Tahsildar, Office of the Tahsildar, Sathangulam, Thoothukudi District.
W.P(MD).No.19884 of 2021 16.12.2021 RK(28/12/2021) 3P 4C 3/3