J. Edison v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA J.Edison ... Petitioner -vs1.The District Collector, Tenkasi District.

2.The District Revenue Officer, Alangulam, Tenkasi District.

3.The Tahsildar, Alangulam Taluk, Tenkasi District.

4.The Village Administrative Officer, Vengadampatti Part 2 Village, Alangulam Taluk, Tenkasi District.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 2nd respondent to pass final orders for issuance of Patta in favour of Tirunelveli Diocesan Trust Association (TDTA) within the time fixed by this Honble Court.

For Petitioner : Mr.P.P.Alwin Balan For Respondents : Mr.A.Kannan, Addl. Govt. Pleader.

ORDER

This Writ Petition is filed for a mandamus, directing the second respondent to pass final orders for issuance of Patta in favour of Tirunelveli Diocesan Trust Association (TDTA) within a time fixed by this Court.

2. According to the petitioner, the subject lands in Survey Nos. 1093/1, 1141/2 and 1141/6 belong to Tirunelveli Diocesan Trust Association (TDTA) vide document Nos.235/1927 and 1001/1928 on the file of Kadayam Sub-Registrar's Office, and District Registrar, Tirunelveli District. The property was in possession and enjoyment of the Koviloothu Pastrate of the Tirunelveli Diocese for more than 150 years and patta was also issued in the name of TDTA. The petitioner gave a representation on 30.08.2022, to the respondents to conduct an enquiry and issue patta in his favour. The first respondent sent a notice to the Diocesan Treasurer to appear before the second respondent and he also appeared before the second respondent and submitted records in support of his claim. The first respondent also directed

the third respondent to inspect the land, conduct survey and file a report. In pursuance of the first respondent's direction, the third respondent, in turn, directed the fourth respondent to enquire the same and submit a report along with village accounts and records. Thereafter, the fourth respondent enquired the petitioner and submitted a detailed report to the third respondent vide letter, dated 28.06.2023. The third respondent, in turn, submitted the detailed report to the first and second respondents. Even after the report of the third and fourth respondents, the second respondent did not pass orders for issuance of patta in favour of TDTA and, therefore, the petitioner filed the above Writ Petition for the aforesaid relief.

3. Learned Additional Government Pleader, appearing for the respondents, submits that in pursuance of the reports of the third respondent, dated 28.06.2023, the second respondent has to pass orders and, therefore, a reasonable time may be given to the second respondent to pass orders.

4. Considering the submission of the learned Additional Government Pleader, I direct the second respondent to pass final orders on the petitioner's application, dated 30.08.2022, on merit and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

5. Writ Petition is disposed of accordingly. No costs. 26.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1.The District Collector, Tenkasi District.

2.The District Revenue Officer, Alangulam, Tenkasi District.

3.The Tahsildar, Alangulam Taluk, Tenkasi District.

4.The Village Administrative Officer, Vengadampatti Part 2 Village, Alangulam Taluk, Tenkasi District.

N.MALA, J.

dixit 26.11.2024