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Madras High CourtWP(MD)/31076/2024disposed of

K.Subramani v. The State Of Tamil Nadu Rep. By Its District Collector

2025-02-13Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI K.Subramani .... Petitioner /Vs./ 1.The State of Tamil Nadu rep. by its District Collector, Karur District, Thanthonimalai, Karur District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Collectorate Buildings, Thanthonimalai, Karur.

3.The Tahsildar, Manmangalam Taluk, Manmangalam, Karur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue fresh patta in favour of the petitioner along with the excess land comprised in old S.F.No.16/6 to an extent of Acre 0.05-1/2 cents, situated at 1/5

Manmangalam Village, Karur District on the basis of the petitioner's representation dated 21.10.2024.

For Petitioner : Mr.R.Ramaguru For Respondents : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioner has filed the instant writ petition seeking the relief of issuance of a Writ of Mandamus to direct the respondents to consider his representation dated 21.10.2024 and to issue a fresh patta in his favour including the excess land of 5 1/2 cents, which is situated within the four boundaries of the petitioner's property.

2. Considering the limited prayer sought for in the writ petition, the writ petition itself is taken up for disposal, with the mutual consent of the counsel for the parties.

3. The petitioner's case is that, he has purchased 11 1/2 cents in and by a sale deed, dated 08.03.2001 and has been in possession and enjoyment of a larger extent of 16 cents of thereabouts, for nearly 24 2/5

years. He has made an application for issuance of patta for the excess extent of 5 1/2 cents over and above the lands, which has been purchased under the sale deed, dated 08.03.2001.

4. According to the petitioner, there is no rival claim and the entire extent has already been in the possession and enjoyment of the petitioner and his family right from the date of a partition deed dated 12.03.1966.

5. In view of the above, without going into the merits of the entitlement of the petitioner to a Patta for the excess 5 1/2 cents, the third respondent is directed to dispose of the petitioner's representation dated 21.10.2024, on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 13.02.2025 am 3/5

TO:- 1.The District Collector, Karur District, Thanthonimalai, Karur District.

2.The Revenue Divisional Officer, Collectorate Buildings, Thanthonimalai, Karur.

3.The Tahsildar, Manmangalam Taluk, Manmangalam, Karur District.

4/5

P.B. BALAJI , J.

am Order made in Dated:

13.02.2025 5/5