Disposed

Manjula v. The District Collector

Madras HC5 Dec 2022WP/32440/2022

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Madras directed the Tahsildar to pass orders within six weeks on the petitioners representation regarding the rectification of a property patta issued to a third party, pursuant to a communication from the District Collector, after giving both parties a chance to be heard.

What did the court decide?

Direction to the 4th respondent/Tahsildar to pass orders on the petitioners representation within six weeks, after giving opportunity to be heard to both petitioner and third party.

Manjula Vs The District Collector — Property and Title | Madras HC (2022)

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W.P.No.32440 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.12.2022

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

W.P.No.32440 of 2022

1.Manjula

2.Sivakumar

... Petitioners

1.The District Collector, Krishnagiri District.

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2.The District Revenue Officer, Krishnagiri District.

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3.The Revenue Divisional Officer, Krishnagiri District.

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4.The Tahsildar, Uthangarai, Krishnagiri District. ... Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 4^th respondent to take appropriate action on the representation of the petitioner dated 21.07.2022 in pursuance to the 1^st respondent's letter dated 03.08.2022 in Oo.Mu.22239/2022/J1.

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W.P.No.32440 of 2022

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For Petitioner : Mr.T.Panchatsaram For Respondents : Mrs.Akila Rajendran Government Advocate

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O R D E R

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The prayer sought for in this writ petition is for a Writ of Mandamus

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directing the 4^th respondent to take appropriate action on the representation of the petitioners dated 21.07.2022 in pursuance to the 1^st respondent's letter dated 03.08.2022 in Oo.Mu.22239/2022/J1.

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In respect of property at S.No.39/4A-4C in patta No.433 which according to the petitioners is the property belongs to the petitioners' family, however patta has been wrongly issued in the name of one B.R.Vadivel and therefore, in order to cancel the same and to issue proper joint patta in respect of the said property including the names of the petitioners, the petitioners had given representation to the respondents 2 to 4.

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In this regard the 1^st respondent/District Collector, having received

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the representation given by the petitioners, has sent communication on 03.08.2022 to the 4^th respondent to look into the matter and to pass necessary orders to that effect on the application of the petitioners.

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W.P.No.32440 of 2022

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Despite these communications, since the application submitted by

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the petitioners for rectification has not so far been considered by the 4^th respondent/Tahsildar, the petitioners have filed the present writ petition.

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Heard Mr.T.Panchatsaram, learned counsel appearing for the

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petitioners who having reiterated the aforesaid would seek indulgence of this Court.

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Heard Mrs.Akila Rajendran, learned Government Advocate

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appearing for the respondents who on instruction would submit that as per the directive issued by the District Collector dated 03.08.2022, the application of the petitioner would be considered and decided on merits and in accordance with law by the 4^th respondent/Tahsildar within a time frame that may be stipulated by this Court.

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Considering the said submissions made by the learned counsel for

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both sides and taking into account the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following orders:

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W.P.No.32440 of 2022

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That there shall be a direction to the 4^th respondent/ Tahsildar to pass orders on the petitioners representation dated 21.07.2022 of course in pursuance with the direction given by the 1^st respondent/District Collector dated 03.08.2022 after giving opportunity of being heard to both the petitioner as well as the third party in whose name the patta now stands as stated by the petitioners and pass orders thereon within a period of six weeks from the date of receipt of a copy of this order.

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With this direction, this Writ Petition is disposed of. No costs.

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05.12.2022

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Index : Yes / No

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Speaking Order : Yes / No Sgl

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W.P.No.32440 of 2022

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1.The District Collector, Krishnagiri District.

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2.The District Revenue Officer, Krishnagiri District.

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3.The Revenue Divisional Officer, Krishnagiri District.

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4.The Tahsildar, Uthangarai, Krishnagiri District.

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W.P.No.32440 of 2022

R. SURESH KUMAR, J.

Sgl

W.P.No.32440 of 2022

05.12.2022

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Manjula v. The District Collector

Case brief

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What did the court decide?

Manjula v. The District Collector

Case brief

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