Madras High Court
K.Murugesan vs The District Collector on 27 July, 2021
W.P.(MD).No.12602 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.12602 of 2021
K.Murugesan ... Petitioner
Vs.
1.The District Collector,
Dindigul District,
Dindigul.
2. The Revenue Divisional Officer,
Revenue Divisional Office,
Nilakkottai, Dindigul District.
3. The Tahsildar,
Nilakkottai Taluk,
Dindigul District. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Mandamus, directing the 3rd respondent to
issue the Patta infavour of the Petitioner in respect of the property in
Block No.733.23, Block No.733.185 and New Survey No.733/15, Old
Survey No.280/3 situated at Kombaipatti Village, Nilakkottai Taluk,
Dindigul District, on the basis of the Petitioner's representation dated
24.11.2020 within a time frame to be stipulated by this Hon'ble Court.
For Petitioner : Mr.Ramkumar. A
For Respondents : Mr.R.Sureshkumar
Government Advocate
https://www.mhc.tn.gov.in/judis/
1/4
W.P.(MD).No.12602 of 2021
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus directing the third respondent to consider the representation
made by the petitioner on 24.11.2020 wherein the petitioner is seeking
for issuance of patta in his favour with respect to the subject property.
2. The case of the petitioner is that the subject property was
originally owned by his mother, brother and his father and all of them
executed settlement seeds in favour of the petitioner in the year 2011.
Thereafter, the petitioner became the absolute owner of the property and
he is in possession and enjoyment of the same.
3. The petitioner made an application / representation on
24.11.2020 before the third respondent seeking for issuance of patta.
Since the same was not acted upon, the present Writ Petition has been
filed before this Court seeking for appropriate directions. The specific
case of the petitioner is that there is no rival claim made by anyone and
even the suit that was filed by the petitioner against one Muniyandi
seeking for the relief of permanent injunction was decreed in his favour
by Judgment and Decree, dated 15.11.2017.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.12602 of 2021
4. Taking into consideration the facts and circumstances of
the case and the limited relief sought for in this Writ Petition, there shall
be a direction to the third respondent to consider the representation made
by the petitioner on 24.11.2020 and deal with the same on its own merits
and in accordance with law and pass appropriate orders within a period
of six (6) weeks from the date of receipt of a copy of this order. If there
are any other interested parties claiming right over the subject property,
they shall also be issued with notice and an opportunity shall also be
given to them.
5. The petitioner is directed to make a fresh representation to
the third respondent along with a copy of this order.
6. The Writ Petition stands disposed of with the above
directions. No costs.
27.07.2021
Index :Yes/No
Internet : Yes/No
tsg
NOTE: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall be
the responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.12602 of 2021
N.ANAND VENKATESH.J.,
tsg
To
1.The District Collector,
Dindigul District,
Dindigul.
2. The Revenue Divisional Officer,
Revenue Divisional Office,
Nilakkottai, Dindigul District.
3. The Tahsildar,
Nilakkottai Taluk,
Dindigul District.
Order made in
W.P.(MD).No.12602 of 2021
Dated :
27.07.2021
https://www.mhc.tn.gov.in/judis/
