Madras High Court
Manickam vs The District Collector on 19 January, 2021
Author: N.Seshasayee
Bench: N.Seshasayee
W.P.No.805 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2021
CORAM : JUSTICE N.SESHASAYEE
W.P.No.805 of 2021
Manickam .. Petitioner
Vs.
1.The District Collector
Collectorate
Ranipet District
Ranipet.
2.The District Revenue Officer
Collectorate
Ranipet District
Ranipet.
3.The Revenue Divisional Officer
Collectorate
Ranipet District
Ranipet.
4.The Tahsildhar
Sholinghur Taluk
Ranipet District.
5.The Village Administrative Officer
Guddalore Village
Sholinghur Taluk
Ranipet District.
6.The Village Administrative Officer
Guddalore Village
https://www.mhc.tn.gov.in/judis/
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W.P.No.805 of 2021
Sholinghur Taluk
Ranipet Taluk.
7.K.Thulasi
8.Kesavan
9.K.Anbalagan
10.Poongavanam
11.Palayathan
12.Kanniyappan
13.Murugesan
14.Kokila
15.Ponnusami
16.Lakshmi ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus directing the fourth respondent to survey, sub-
divide and to grant patta in petitioner's name to the properties mentioned in
petitioner's representation dated 28.11.2020.
For Petitioner : Mr.A.Gouthaman
For Respondents : Mr.M.Manigopi [R1 to R6]
Government Advocate
ORDER
The petitioner states that he had purchased a total extent of 54 cents in part and parcel of the properties in S.F.Nos.236, 237/1, 238/2 in Guddalore Village, Sholinghur Taluk, Ranipet District through registered sale deeds and that he has been in absolute possession and enjoyment of the properties. It is alleged in the affidavit that insofar as the property concerning S.Nos.236, 237/1A, 237/1B, 238/2A, 238/2C & 237/1G (Patta Nos.314, 966, 466, 174, https://www.mhc.tn.gov.in/judis/ 2/6 W.P.No.805 of 2021 638, 464) the petitioner's name has been shown as "Joint Pattadar". In this connection, the petitioner has submitted a representation on 29.06.2020 for sub-dividing the property and to mutate the patta in his name. This was considered and the Taluk Surveyor surveyed the property and submitted his report to the fourth respondent/Tahsildar. In the meantime, the petitioner received a legal notice dated 20.10.2020 from the private respondents, objecting to survey and sub-divide his lands, as a result, the revenue officials dropped their action. Thereafter, the petitioner submitted a representation dated 28.11.2020 to the fourth respondent for the said purpose. Since, no action on the part of the revenue officials, the petitioner is before this Court seeking a direction to the fourth respondent to consider his representation dated 28.11.2020.
2. Heard the learned counsel for the petitioner and Mr.M.Manigopi, learned Government Advocate for respondents 1 to 6. The learned Government Advocate appearing for the official respondents made a statement on instruction that an enquiry is scheduled to take place at 11.00 a.m., on 02.02.2021 in the office of the fourth respondent.
3. Inasmuch as the date for enquiry is fixed by the respondent, no direction is https://www.mhc.tn.gov.in/judis/ 3/6 W.P.No.805 of 2021 required to be given except that the fourth respondent/Tahsildar is directed to hold an enquiry after issuing notices to all the parties who are likely to be affected by his decision, and after providing the parties a fair and effective hearing and to dispose the matter through a speaking order within a period of eight(8) weeks from 02.02.2021.
6. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
7. Post the matter for reporting compliance on 31.03.2021.
19.01.2021 ds Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order https://www.mhc.tn.gov.in/judis/ 4/6 W.P.No.805 of 2021 To:
1.The District Collector Collectorate Ranipet District Ranipet.
2.The District Revenue Officer Collectorate Ranipet District Ranipet.
3.The Revenue Divisional Officer Collectorate Ranipet District Ranipet.
4.The Tahsildhar Sholinghur Taluk Ranipet District.
5.The Village Administrative Officer Guddalore Village Sholinghur Taluk Ranipet District.
6.The Village Administrative Officer Guddalore Village Sholinghur Taluk Ranipet Taluk.
https://www.mhc.tn.gov.in/judis/ 5/6 W.P.No.805 of 2021 N.SESHASAYEE.J., ds W.P.No.805 of 2021 19.01.2021 https://www.mhc.tn.gov.in/judis/ 6/6