Citation : 2024 Latest Caselaw 622 Mad
Judgement Date : 9 January, 2024
W.P.No.306 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM :
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
W.P.No.306 of 2024
V.Dhanalakshmi ... Petitioner
Versus
1.The District Collector,
Office of the Collectorate,
Perambalur District.
2.The Revenue Divisional Officer,
Perambalur Division,
Perambalur District.
3.The Tahsildar,
Veppanthatai Post and Taluk,
Perambalur District. … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India praying for issuance of Writ of Mandamus directing the
respondents to issue Patta to whole of the petitioner's property situated at
S.No.527/10 in Kai Kalathur Village, Veppanthatai Taluk, Perambalur
District, measuring to an extent of 366.90 Sq.mtr by considering the
petitioner's representation dated 16.11.2023.
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.306 of 2024
For Petitioner : Mr. B. Balavijayan
For Respondents : Mr. R. Vigneshwaran
Government Advocate
ORDER
This Writ Petition is filed seeking a Writ of Mandamus directing the
respondents to issue Patta to whole of the petitioner's property situated at
S.No.527/10 in Kai Kalathur Village, Veppanthatai Taluk, Perambalur
District, measuring an extent of 366.90 Sq.mtr., by considering the
petitioner's representation dated 16.11.2023.
2. It is the claim of the petitioner that she owns a property at
S.No. 527/10, covering 366.90 Sq.mtr, acquired through a registered
settlement deed on 05.03.2012. Despite making multiple requests to the
third respondent, the petitioner was only granted a Patta for a portion of
the property, instead of the entire area specified in the settlement deed. A
representation was submitted on 16.11.2023, urging for issuance of Patta
for the entire property, but the respondents have not considered the
petitioner's request. Hence the present writ petition.
https://www.mhc.tn.gov.in/judis
3. Mr. R. Vigneswaran, learned Government Advocate who
takes notice for the respondents submitted that a direction may be issued
to the second respondent to consider the petitioner's representation dated
16.11.2023.
4. Heard the learned counsel for the petitioner and the learned
Government Advocate appearing for the respondents and perused the
materials available on record.
5. Though this Court has given several directions to dispose of
the applications, petitions, appeals and revisions filed before the
appropriate authorities, within the time, as per the order dated 09.06.2023
in a batch of writ petitions in W.P. No.262 of 2018, passed by the learned
Single Judge of this Court, in D.Tulasi Vs. The District Revenue Officer,
Dharmapuri and etc., and subsequently, a Circular No.R1/2005632 /2022
dated 17.07.2023 has also been issued by the Commissioner of Land
Administration, but, the Revenue Authorities are not following the
directions passed in the said Judgment of this Court or the Circular issued
by the Commissioner of Land Administration.
https://www.mhc.tn.gov.in/judis
6. Since the writ petition is filed only for issuance of a simple
writ of mandamus to consider the petitioner's representation dated
16.11.2023, this Court without expressing any opinion with regard to the
merits of the case, directs the second respondent to issue notice to the
petitioner and the interested parties/rival claimants/objectors if any, as the
case may be and conduct an enquiry in a manner known to law and
dispose of the petitioner's representation dated 16.11.2023 on merits and
in accordance with law. The said exercise shall be completed within the
time as stipulated in the said circular, from the date of receipt of a copy of
this order.
7. With the above directions, this Writ Petition is disposed of.
There shall be no order as to costs.
09.01.2024
Index : yes/no
Speaking order : yes/no
Neutral Case Citation : yes/no
klt
https://www.mhc.tn.gov.in/judis
To:
1.The District Collector,
Office of the Collectorate,
Perambalur District.
2.The Revenue Divisional Officer,
Perambalur Division,
Perambalur District.
3.The Tahsildar,
Veppanthatai Post and Taluk,
Perambalur District.
https://www.mhc.tn.gov.in/judis
P. VELMURUGAN, J.
klt
09.01.2024
https://www.mhc.tn.gov.in/judis
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