Narayanasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.24763 of 2022 Narayanasamy ... Petitioner vs.

1.The District Collector, Office of the Collectorate Building, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Srirangam, Tirhcy District.

3.The Tahsildar, Office of the Tahsildar, Sirrangam, ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to issue Patta to the petitioner's property comprised in Natham Survey No.136 to an extent of 2000 sq.ft., situated at Kodiyalam Village, Srirangam Taluk, 1/6

Trichy District, by considering his representation dated 27.09.2022. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.D.Gandhiraj, Special Government Pleader

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to issue Patta to the petitioner's property comprised in Natham Survey No.136 to an extent of 2000 sq.ft., situated at Kodiyalam Village, Srirangam Taluk, Trichy District, by considering his representation dated 27.09.2022.

2. Heard Mr.D.S.Haroon Rasheed, learned counsel appearing for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents.

3. The case of the petitioner is that the property in Natham Survey No.136 to an extent of 2000 sq.ft., situated at Kodiyalam Village, Srirangam Taluk, Trichy District originally belongs to the petitioner's 2/6

grandfather. Subsequently, a partition was made between the legal heirs of his grandfather ie., the petitioner's father and one Sangan. Thereafter, both are executed a gift settlement deed in favour of the petitioner dated 31.01.1994. After execution of the gift settlement deed, the petitioner has put up a construction in the said land and paying all the taxes since 1994. The said property is a Natham site and hence, the petitioner has made a representation to the revenue authorities seeking Patta, on 27.09.2022. But no action has been taken by the respondents so far. Hence, the present Writ Petition is filed.

4. The learned Special Government Pleader appearing for the respondents would submit that the land in Survey No.136 is classified as Tharisu and not Natham.

5. The learned counsel appearing for the petitioner would submit that it would suffice if a direction is issued to the respondents to consider the representation of the petitioner, dated 27.09.2022. 3/6

6. In the light of the submission made by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation of the petitioner, dated 27.09.2022 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

01.11.2022 Index:Yes/No Internet:Yes/No akv To 1.The District Collector, Office of the Collectorate Building, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Srirangam, Tirhcy District.

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3.The Tahsildar, Office of the Tahsildar, Sirrangam, 5/6

V.BHAVANI SUBBAROYAN,J.

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