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Madras High CourtWP(MD)/20406/2021disposed of

Jayaram.V v. The Government Of Tamil Nadu

2021-12-07Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P. (MD).No.20406 of 2021 V. Jayaram ... Petitioner Vs.

1. The Government of Tamil Nadu Represented by Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2. The District Collector, Dindigul District,

3. The District Revenue Officer, Dindigul District,

4. The Tahsildar, Dindigul West Taluk,

...Respondents

Prayer : Petition filed under Article 226 of Constitution of India for the issuance of a writ of mandamus, directing the respondents to consider the petitioner's representation dated 12.01.2021 and 23.09.2021 for issuing patta in the name of the petitioner for S.F.No.519, Sriramapuram, Guruvappanaicken Pudur, Kodalvavi Village, Dindigul West Taluk, Dindigul District within a specified time frame fixed by this court and pass orders. For Petitioner : Mr. S. Karthik For Respondents : Mr. J. John Rajadurai Government Advocate

ORDER

The writ petition has been filed in a nature of a mandamus seeking consideration of the petitioner's representation dated 12.01.2021 and 23.09.2021 seeking patta in the name of the petitioner for S.F.No.519, Sriramapuram, Guruvappanaicken Pudur, Kodalvavi Village, Dindigul West Taluk, Dindigul District.

2. In the affidavit filed in support of the writ petition, it had been stated that the aforesaid lands had been purchased by the 1/3

grandfather Gurusamy Naicker on 23.08.1920. Thereafter, it is stated that the petitioner has been in possession of the said lands. He had given several representations.

3. Now, there is an obligation on the District Revenue Officer/third respondent to issue notice to the petitioner, to examine the lay of the lands, to examine whether it is permissible to grant patta, to examine who are the parties to whom further notice has to be issued, not only the petitioner but anybody also who is in possession of the lands and thereafter, take a decision whether to grant patta or not to grant patta. If a decision is taken not to grant patta, then necessary reasons have to be given. Such an order has to be passed only after giving due opportunity to the petitioner. If a decision is taken to grant patta, then the entire exercise must be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. The writ petition is disposed of. No cots. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr 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 correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Commissioner of Land Administration, Government of Tamil Nadu, Chepauk, Chennai - 600 005.

2. The District Collector, Dindigul District,

3. The District Revenue Officer, Dindigul District, 2/3

4. The Tahsildar, Dindigul West Taluk, +1 CC to M/s.S.KARTHIK, Advocate ( SR-37712[F] dated 08/12/2021 ) +1 CC to M/s.SPL GP ( SR-37778[F] dated 08/12/2021 ) W.P. (MD).No.20406 of 2021 07.12.2021 BUC(CO) SB(21.12.2021) 3P 7C 3/3