Kainichi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA Kainichi
...Petitioner
/Vs./ 1.The District Collector, Pudukkottai, Pudukkottai District.
2.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.
3.The Tahsildar, Thirumayam, Pudukkottai District.
... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant patta in Survey No.197/2A to the extent of 0.83 cents and in Survey No.198/2B to the extent of 101 cents, situated at Andakkudipatti Street, Melur Post, Thirumayam Taluk, Pudukkottai District in the petitioner's husband's name by considering the petitioner's representation dated 14.11.2024. For Petitioner : Mr.C.Suresh Kannan For R1 to R3 : Mr.A.Kannan Additional Government Pleader 1/5
ORDER
This writ petition is filed for a writ of mandamus directing the respondents to grant patta in Survey No.197/2A to the extent of 0.83 cents and in Survey No.198/2B to the extent of 101 cents, situated at Andakkudipatti Street, Melur Post, Thirumayam Taluk, Pudukkottai District, in the petitioner's husband's name by considering the petitioner's representation dated 14.11.2024.
2.Mr.A.Kannan, learned Additional Government Pleader, takes notice for the respondents.
3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4.The petitioner's husband was the assignee of lands in Survey No.197/2A, to an extent of 0.83 cents and in Survey No.198/2B to an extent of 101 cents, by the order of the Authorized Officer, Land Reforms Tiruchirappalli. According to the petitioner, in pursuance of the said 2/5
assignment, the petitioner's husband constructed two houses. As the petitioner's husband was not issued patta even after the assignment order in his favour, he filed an application in the year 2019, before the second respondent for grant of patta. In pursuance of the said application, the second respondent conducted enquiry and recommended to the third respondent to grant patta to the petitioner's husband vide order, dated 06.11.2019. Since the respondent did not grant patta even after the order of the third respondent, the petitioner made an application on 04.01.2024, before the third respondent for grant of patta in her husband's name. As the said application was kept pending, the petitioner submitted a representation dated 14.11.2024, annexing the aforesaid three orders.
Even after receiving the representation, as no action was taken, the petitioner filed the above writ petition for the aforesaid relief. 5.It is seen that the application for grant of patta was made as early as on 04.01.2024, however, the respondent did not initiate any action. The petitioner therefore, submitted a representation dated 14.11.2024. Even thereafter, the respondent did not take any action.
11 months, a direction is issued to the respondent to consider the petitioner's application on merits and in accordance with law and in terms of the circular issued by the Commissioner of Land Administration dated 17.07.2023 within a period of 12 weeks from the date of receipt of a copy of this order.
6 .With the above direction, this writ petition is disposed of. No costs.
05.12.2024 Index : Yes / No NCC : Yes / No ta To 1.The District Collector, Pudukkottai, Pudukkottai District.
2.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.
3.The Tahsildar, Thirumayam, Pudukkottai District.
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N.MALA, J.
ta 05.12.2024 5/5