R. Balasubramanian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA R.Balasubramanian .. Petitioner Vs.

1.The District Collector, District Collector Office, Theni District.

2.The Tahsildar, Tahsildar Office, Periyakulam, Theni District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the second respondent to issue patta to the petitioner for the land and building bearing Nos.1/3/75 and 1/3/75A bearing Document No.1911 of 2013 situated at Thenkarai Village, Periyakulam Taluk, Theni District based on the petitioner's representation dated 25.09.2024 within the frame to be fixed by this Court.

For Petitioner :

Mr.R.Krishnamoorthy

For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to the second respondent to issue patta in favour of the petitioner taking into consideration the petitioner's representation dated 25.09.2024.

2. The case of the petitioner is that the property in question belongs to him. He had made an application for grant of patta and despite several representations, the same was not processed and ultimately, the second respondent had sent a text message stating that the petitioner's request was rejected on the ground that there was litigation pending.

3. The petitioner would submit that there is no suit or litigation pending in respect of the above property and therefore, he had once again renewed the request on 25.09.2024. The same has not been processed and therefore, the petitioner is before this Court.

4. Heard the learned counsel on either side.

5. Considering the fact that the second respondent has not given the particulars of the alleged suit that has been filed, of which the petitioner is totally in dark and as the order rejecting the request is not a speaking one, a mandamus is issued to the second respondent to consider the petitioner's renewed representation dated 25.09.2024 and after affording an opportunity to the petitioner to submit his case, pass speaking orders within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is allowed. No costs.

24.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The District Collector, District Collector Office, Theni District.

2.The Tahsildar, Tahsildar Office, Periyakulam, Theni District.

P.T.ASHA, J.

abr Dated: 24.10.2024