Ayup Khan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Ayup Khan

...Petitioner

/Vs./ 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.

3.The Tahsildar, Paramakudi Taluk, ... Respondents P RAYER : Petition 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 name comprised in Survey No. 277/12 and 277/13, to an extent of 151.6 feet, south and north 31.6 feet, in east and west totally 4790.56 feet, situated at Mela Parthibanoor, Paramakudi Taluk, Ramanathapuram District, on the basis of the petitioner's representation dated 24.07.2024.

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For Petitioner : Mr.N.Madhava Govindhan For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

This Writ Petition is filed seeking issuance of Writ of mandamus to direct the respondents to issue patta to the petitioner for the lands comprised in Survey No. 277/12 and 277/13, measuring to the total extent 4790.56 feet, situated at Mela Parthibanoor, Paramakudi Taluk,

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The subject property was purchased by the petitioner's father in the year 1989. After the death of the petitioner's father in the year 2001, the petitioner's family members enjoyed the subject property by constructing a house. Even during the lifetime of the father, the partition took place, in which, a portion of 98 3⁄4 x 31.6 feet of the property was 2/6

allotted to the petitioner and his siblings. They constructed a house separately and enjoyed the same. The petitioner wanted separate patta for the portion allotted to him in the partition and he also gave a representation to the respondents on 24.07.2024, for issuance of separate patta. The respondents did not act on the petitioner's representation. The petitioner therefore filed the present Writ Petition for the aforesaid relief.

4. The learned Additional Government Pleader appearing for the respondents submits that the representation of the petitioner was not accompanied by relevant documents and therefore, the petitioner's representation was not processed. He further submits that if the petitioner produces relevant documents, the petitioner's representation will be considered on merits and in accordance with law.

5. In view of the submission made by the learned Additional Government Pleader appearing for the respondents, the petitioner is directed to produce all the relevant documents before the third respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said documents, the third respondent 3/6

shall consider the petitioner's representation dated 24.07.2024, on merits and in accordance with law, and pass orders within a period of four weeks thereafter.

6. With the above directions, this Writ Petition is disposed of. No costs.

20.11.2024 Index : Yes / No NCC : Yes / No Sm 4/6

TO:

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.

3.The Tahsildar, Paramakudi Taluk, 5/6

N.MALA, J.

Sm Order made in Dated:

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