Ganesan .P.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA P.R.Ganesan .. Petitioner Vs.

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

2.The District Revenue Officer, Office of the District Revenue Office, Sivagangai District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivagangai District.

.. Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 3rd respondent to expedite the enquiry proceedings pending before the 3rd respondent in Na.Ka.No.A5/6047/2023 within the time frame stipulated by this Court.

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For Petitioner :Mr.R.Senthil Kumar For Respondents :Mr.B.Saravanan, Additional Government Pleader

ORDER

Since the third respondent after conducting an enquiry with reference to the petitioner's application for grant of individual patta has not proceeded with further proceedings, this writ petition has been filed seeking an early disposal of the enquiry proceedings. 2.The case of the petitioner is that he purchased the property in S.Nos.273/2B, 273/2A1 to an extent of 0.86.30 hectares, 273/2C1A an extent of 0.15.20 hectares and 273/2A3 to an extent of 0.1.22 hectares along with two persons, through a registered document on 03.08.2017. From the date of purchase, they have been enjoying the property without any hindrance. While so, they have created a partition among them through a registered document dated 14.12.2021. As per the partition deed, the property in S.No.273/2A, 273/2C to an extent of 1 acre 14 3⁄4 cents has been allotted to the petitioner and joint patta was also issued including the petitioner and other two persons. Therefore, the petitioner 2/4_________

has made a representation dated 08.04.2022 seeking individual patta in his name, to the fourth respondent and the same has been forwarded to the third respondent. The third respondent had also conducted an enquiry on 06.06.2024 and no order has been passed so far. Hence, the petitioner is before this Court.

3.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. 4.In view of the above submissions regards the inaction on the part of the third respondent, this writ petition is allowed and the third respondent is directed to consider the petitioner's representation, dated 08.04.2022 and pass orders on merits and in accordance with law, particularly, on the basis of the registered sale deed, dated 03.08.2017 and the registered partition deed, dated 14.12.2021, within a period of three weeks from the date of receipt of a copy of this order. No costs. 22.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes 3/4_________

P.T.ASHA, J.

Ns To 1.The District Collector, Office of the District Collector, Sivagangai District.

2.The District Revenue Officer, Office of the District Revenue Office, Sivagangai District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivagangai District.

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