Azhagar P v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Azhagar ... Petitioner Vs.

1.The District Revenue Officer, Collectorate, Madurai, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Y.Othakadai, Madurai District.

3.The Tahsildar, Madurai East Taluk, Narasingam, Y.Othakadai, Madurai District.

4.S.Periyasamay 5.Pandi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to conduct necessary enquiry and issue Patta to the petitioner in respect of the left out portion of House Site Land in an extent of 1 1⁄2 cents in New Survey No.9/11, 1/5

Old Survey No.19/1 in Mangalakudi Village in Madurai East Taluk by considering the petitioner's representation dated 17.09.2021 within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For R-1 to R-3 : Mr.K.S.Selva Ganesan, Additional Government Pleader For R-4 : Mr.R.Narayanan For R-5 : Mr.R.Rajaraman

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to deal with the representation dated 17.09.2021 wherein the petitioner has sought for issuance of patta for a total extent of 2 3⁄4 cents in the subject property.

2. Heard the learned counsel appearing on behalf of the petitioner, the learned Additional Government Pleader appearing on behalf of the respondents 1 to 3, the learned counsel appearing on behalf of the fourth respondent and the learned counsel appearing on behalf of the fifth respondent. 2/5

3. The grievance of the petitioner is that the total extent of the property is 2 3⁄4 cents and whereas, the patta was issued only for an extent of 1 1⁄4 cents. In view of the same, the petitioner made a representation seeking for issuance of patta for the balance left out portion also. Since the same was not considered, the present Writ Petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and limited relief sought for by the petitioner, there shall be a direction to the third respondent to deal with the representation made by the petitioner on 17.09.2021, after affording an opportunity to the petitioner and the respondents 4 and 5 and orders shall be passed on its own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order.

5. This Writ Petition is disposed of, accordingly. No costs. 20.11.2023 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The District Revenue Officer, Collectorate, Madurai, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Y.Othakadai, Madurai District.

3.The Tahsildar, Madurai East Taluk, Narasingam, Y.Othakadai, Madurai District.

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N.ANAND VENKATESH, J.

Nsr 20.11.2023 5/5