Ravi. K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA K.Ravi .. Petitioner Vs.
1.The District Collector, Madurai District.
2.The Revenue Divisional Officer, Madurai, Madurai District.
3.The Tahsildar, Madurai North Taluk, Madurai District.
4.The President, Chettikulam Village, Madurai District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to issue patta in the petitioner's name in respect of the property comprised in Old Sur. No.112, New Sur. No.112/2 admeasures to an extent of 3 cents situated at Chettikulam, Oomachikulam, Madurai North Taluk,
Madurai District on the basis of the representations dated 03.10.2023 and 12.08.2024 within a stipulated time period in accordance with law. For Petitioner :
Mr.C.Senthil Murugan For R1 to R3 :
Mr.P.Thambidurai Government Advocate For R4 :
Mr.M.Siddharthan
ORDER
The petitioner seeks a direction to the respondents to grant patta in his name in respect of his property, which is an extent of 3 cents comprised in old S.No.112, new S.No.112/2, Chettikulam, Oomachikulam, Madurai North Taluk, Madurai.
2. The case of the petitioner is that the above mentioned property was purchased by his father on 11.09.1980 from one Ramalinga Konar and his family members under a registered sale deed. By a registered gift deed dated 24.04.1995, the property was gifted to the petitioner, who has been in possession and enjoyment of the same. The petitioner's father died on 03.07.2007 leaving behind him surviving the petitioner and three
others as his legal representatives. The petitioner thereafter approached the second respondent for mutation of the revenue records, to which there was no response. In the year 2008, the petitioner had approached the fourth respondent and submitted an application for approval for constructing a dwelling house. The fourth respondent after conducting spot inspection, by his proceedings dated 28.03.2008, granted approval and consequently, the petitioner had constructed his dwelling house and has been remitting the house tax and other miscellaneous tax to the respondents. However, the patta in respect of the property has not been granted to him. He has been made to run from pillar to post yielding no results. The petitioner therefore, renewed his request on 12.08.2024. Once again there is no response. Hence, the present writ petition.
3. Records would show that even as early as on 03.10.2023, a request has been made to the first respondent for issue of patta and there has been no response. Once again during the Public Grievance Day, a representation has been given to the first respondent, which has also been put into cold storage.
4. In the light of the above, a mandamus is issued to the third respondent, who is the authority competent under the Tamil Nadu Patta Pass Book Act, 1983, to consider the petitioner's representations dated 03.10.2023 and 12.08.2024 and pass orders within a period of six weeks from the date of receipt of a copy of this order for grant of patta. In case of any objections, the objector shall also be given a hearing.
5. With the above direction, this Writ Petition is allowed. No costs.
30.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr
To 1.The District Collector, Madurai District.
2.The Revenue Divisional Officer, Madurai, Madurai District.
3.The Tahsildar, Madurai North Taluk, Madurai District.
P.T.ASHA, J.
abr Dated: 30.08.2024