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Madras High CourtWP(MD)/25437/2024allowed

C. Selvakumar v. The District Collector

2024-10-25Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.Selvakumar .. Petitioner Vs.

1.The District Collector, Madurai District.

2.The District Revenue Officer, Madurai District.

3.The Revenue Divisional Officer, Madurai, Madurai District.

4.The Tahsildar, Vadipatti Taluk, Madurai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 4 to issue Joint Patta in Favor of the petitioner and his co-owners in respect of the property classified as Grama Natham in S.No.2 to an extent of 11 cents in Neerathan Village, Vadipatti Taluk Madurai District based

on the petitioner's application, dated 21.06.2024 within stipulated time as prescribed by this Court.

For Petitioner :

Mr.S.Vellaichamy For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

The present writ petition has been filed seeking a mandamus to the respondents to issue Joint Patta in Favor of the petitioner and his coowners in respect of the property classified as Grama Natham in S.No.2 measuring an extent of 11 cents in Neerathan Village, Vadipatti Taluk Madurai District based on the petitioner's application, dated 21.06.2024.

2. These lands were purchased by his father under a sale deed, dated 14.09.1951. From the date of the purchase, his father has been in possession and enjoyment of the same. On his death, the property devolved on the petitioner and one Gandhi, Sakthivel and Chellathai Ammal. The petitioner's sister had executed a release deed in his favour. The petitioner's request for grant of patta was not granted. He had earlier

filed W.P(MD)No.11423 of 2017 which was disposed on 21.06.2017 to consider and pass orders on the representation within a period of eight weeks. This order has not been complied with. Thereafter, the 4th respondent directed the petitioner to make an online application which was also done on 21.06.2024. Since the respondents had not processed the said request, the petitioner is before this Court.

3. It is seen that an earlier order of this Court has not been complied with by the statutory authorities. Even after the petitioner has complied with their instruction to submit an online application, the respondents have not issued the patta as requested by the petitioner. Since the statutory authorities have deliberately abdicated their statutory duty, a mandamus is issued to the 4th respondent to issue a joint patta in favour of the petitioner and his co-owners in respect of the petition mentioned property considering the petitioner's application, dated 21.06.2024.

4. With the above directions, this Writ Petition stands disposed of. No costs.

25.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Madurai District.

2.The District Revenue Officer, Madurai District.

3.The Revenue Divisional Officer, Madurai, Madurai District.

4.The Tahsildar, Vadipatti Taluk, Madurai District.

P.T.ASHA, J.

gbg 25.10.2024