Madras High Court
M.Sellathambi vs The Principal Secretary/ on 8 August, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.20141 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.20141 of 2022
1.M.Sellathambi
2.R.Srinivasan
3.Karthikeyan
4.A.Babu
5.Anandam
6.Gunasekaran
7.Kalavathi
8.Kathiresan ...Petitioners
vs.
1.The Principal Secretary/
Commissioner for Land Administration,
Chepauk, Chennai - 600 005.
2.The District Revenue Officer,
Tanjore District, Tanjore.
3.The Tahsildar,
Tanjore Taluk, Tanjore,
Tanjore District.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.20141 of 2022
4.The Sub-Registrar,
Registration Department,
Vallam, Tanjore District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing the first respondent to consider and
pass order on merits by disposing the written representation made by the
petitioners on 20.05.2022 within a stipulated time.
For Petitioners : Mr.R.Hemalatha
For Respondents : Mr.P.Sathish
Additional Government Pleader
ORDER
This writ petition has been filed seeking for issuance of a Writ of Mandamus directing the first respondent to consider and pass order on merits by disposing the written representation made by the petitioners on 20.05.2022 within a stipulated time.
2. The case of the petitioners is that they have purchased house sites from one G.Thambidurai of an extent of 2.36 acres situated at Pillaiyarpatti Village in S.No.199/2B and obtained layout approval in the year 1982. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.20141 of 2022 However, the petitioners approached the District Collector and second respondent to issue separate patta in their favour by producing all relevant records, pursuant thereto, the District Collector vide proceedings dated 12.04.2022 called for records from the third respondent / Tahsildar. However, the petitioners further submitted a representation dated 20.05.2022 before the first respondent seeking patta. However, till date, no orders have been passed by the first respondent on the said representation. Hence, the present writ petition has been filed.
3. Though very many grounds have been raised by the learned counsel for the petitioners, it would suffice if this Court issues a direction to the first respondent to consider the petitioners representation dated 20.05.2022 and pass appropriate order on merits within a time frame that may be stipulated by this Court.
4. Learned Additional Government Pleader appearing for the respondents submitted that already the petitioners approached the District Collector and District Revenue Officer seeking Patta in which, the District 3/6 https://www.mhc.tn.gov.in/judis W.P.No.20141 of 2022 Collector called for records from the third respondent vide proceedings dated 12.04.2022 since as per the A-Register, the subject property is classified as Sarkar Punja Tharisu whereas the Adangal shows Punja Tharisu.
5. Admittedly the petitioners approached the District Collector and District Revenue Officer seeking patta, wherein vide proceedings dated 12.04.2022, the District Collector called for records from the third respondent since as per the A-Register, the subject property is classified as “Sarkar Punja Tharisu” whereas the Adangal shows “Punja Tharisu”. Unless and otherwise the said land is reclassified as “Punja land” by the competent authority, the question of issuance of patta will not arise. Hence, this Court issues a direction to the respondents 2 and 3 to conclude the proceedings dated 12.04.2022 initiated by the District Collector and pass appropriate orders on merits and in accordance with law after providing an opportunity of hearing to the petitioners and the aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.20141 of 2022
6. Accordingly, this Writ Petition is disposed of. No costs.
08.08.2022 (2/2) Note to Registry : Issue order copy today ie.,27.09.2022 RAP Index : Yes/No Speaking order : Yes/No To
1.The Principal Secretary/ Commissioner for Land Administration, Chepauk, Chennai - 600 005.
2.The District Revenue Officer, Tanjore District, Tanjore.
3.The Tahsildar, Tanjore Taluk, Tanjore, Tanjore District.
4.The Sub-Registrar, Registration Department, Vallam, Tanjore District.
5/6 https://www.mhc.tn.gov.in/judis W.P.No.20141 of 2022 M.DHANDAPANI, J.
RAP W.P.No.20141 of 2022 08.08.2022 (2/2) 6/6 https://www.mhc.tn.gov.in/judis