S. Jeyapandiyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA S. Jeyapandiyan ... Petitioner /Vs./ 1.The District Collector, Madurai, Madurai District.

2.The District Revenue Officer, Madurai, Madurai District.

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

4.The Tahsildar, Melur, Madurai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 for grant patta in favour of the petitioner for the agricultural land consisting of 2.34 Acres in total 6.10 Acres in Survey No.111/1 situated in Aamur Village of Melur Taluk by considering his representation dated 16.09.2024 within the time limit as fixed by this Hon'ble Court. 1/6

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

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus directing the respondents 1 to 4 to grant patta in favour of the petitioner for the agricultural lands, measuring 2.34 Acres out of total extent of 6.10 Acres in Survey No.111/1, in Aamur Village of Melur Taluk by considering his representation dated 16.09.2024, within the time limit as fixed by this Court.

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

3. The petitioner is an ex-army personnel. The petitioner inherited the agricultural land in S.No.111/1 measuring 2.34 Acres out of a total extent of 6.10 Acres in Aamur Village, Melur Taluk, Madurai District from his mother. As the petitioner was serving in the Indian army, he was not able to visit the subject property regularly. To his shock and dismay 2/6

he came to know that for the subject property, patta was transferred in the name of an unknown person in patta No.407. The subject property was also sold on the basis of the said patta. The petitioner therefore, sent a letter to the second respondent. The second respondent in turn forwarded the same to the fourth respondent. The fourth respondent thereafter conducted an enquiry and submitted his report to the third respondent. Thereafter, the third respondent submitted his final report to the second respondent on 02.09.2024. As the second respondent did not take further action, the petitioner sent a representation on 16.09.2024, to pass order in the proceedings pending before him. Since no action was taken on the petitioner's representation, the petitioner filed the above Writ Petition for the aforesaid relief.

4. The learned Additional Government Pleader submits that on the basis of the enquiry report submitted by the third respondent, the second respondent has to pass final orders and therefore, a reasonable time may be granted to the second respondent for passing final orders.

5. In view of the submission of the learned Additional Government 3/6

Pleader, a direction is issued to the second respondent to pass final orders within a period of twelve weeks from the date of receipt of a copy of this order. It is needless to state that the second respondent while passing orders will put all the interested parties on notice and thereafter pass orders on merits and in accordance with law.

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

27.11.2024 Index : Yes / No NCC : Yes / No CM 4/6

TO:

1.The District Collector, Madurai, Madurai District.

2.The District Revenue Officer, Madurai, Madurai District.

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

4.The Tahsildar, Melur, Madurai District.

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N.MALA, J.

CM Order made in Dated:

27.11.2024 6/6