Venkatesh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Venkatesh ... Petitioner versus

1. The District Collector, Tenkasi District, Tenkasi.

2. The District Revenue Officer, Tenkasi District, Tenkasi.

3. The Tahsildar, Kadaiyanallur, Tenkasi District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents to issue joint patta to the petitioner and the petitioner's brothers, namely, Narendran and Sankar in connection with the properties in Survey No.311/1C to an extent of 0.07.00 Hectares, Survey No.311/1D to an extent of 0.43.00 Hectares, Survey No.311/1G 1/5

to an extent of 0.47.00 Hectares total extent of 2 Acres 40 Cents situated at Kambaneri Pudhukudi Village-1, Kadaiyanallur Taluk, Tenkasi District, on the basis of the petitioner's representation dated 03.05.2023, within a time frame to be stipulated by this Court. For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.P.T.Thiraviam, Government Advocate

ORDER

The petitioner has submitted an application dated 21.01.2022 to the 3rd respondent seeking issuance of patta in his name and his brothers' names in respect of the properties comprised in Survey Nos. 311/1C to an extent of 0.07.00 hectares, 311/1D to an extent of 0.43.00 hectares and Survey No.311/1G to an extent of 0.68.00 hectares situated at Kambaneri Pudhukudi Village-1, Kadayanallur Taluk, Tenkasi District. Since the said application has not been considered by the 3rd respondent, the petitioner has filed this writ petition. 2/5

2. Mr.P.T.Thiraviam, learned Government Advocate, who takes notice for the respondents, on instructions, submits that originally, the patta stands in the name of the petitioner's father, his brothers and some other persons. Based on the petitioner's application, the 3rd respondent has also issued a notice fixing the date of enquiry on 06.02.2023. However, the petitioner's father has not appeared for the enquiry and therefore, the enquiry proceedings could not be completed.

3. The learned counsel appearing for the petitioner submits that the petitioner is now ready to appear before the 3rd respondent along with his father Chellappa for enquiry on 10.10.2023.

4. In view of the said submission, this writ petition is disposed of with a direction to the petitioner to appear before the 3rd respondent along with his father for enquiry on 10.10.2023 and produce all relevant documents before the 3rd respondent. The 3rd respondent, after issuing notice to other joint pattadars, conduct enquiry on 10.10.2023 3/5

and take a decision in accordance with law, within a period of eight weeks from thereon. No costs.

27.09.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

Note: Issue order copy on or before 04.10.2023 To

1. The District Collector, Tenkasi District, Tenkasi.

2. The District Revenue Officer, Tenkasi District, Tenkasi.

3. The Tahsildar, Kadaiyanallur, Tenkasi District.

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B.PUGALENDHI, J.

ogy 27.09.2023 5/5