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2025 Supreme(Online)(Mad) 68183
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Krishnan Ramasamy, J
P.Suganthi – Appellant
Versus
The District Collector Namakkal District, Namakkal – Respondent
W.P.No.32378 of 2025
For the Appellants/Petitioners: Mr.C.Samivel
For the Respondents:Mr.C.Jayaprakash Government Advocate
Court directed authorities to consider petitioner's longstanding possession and representation for property rights issuance within stipulated time.
Headnote:This Writ Petition, under Article 226 of the Constitution, seeks a Writ of Mandamus directing the issuance of a patta to the petitioner. The petitioner claimed continuous possession and payment of property tax for 25 years. The court directed the third respondent to pass orders on the petitioner's representation regarding the patta within eight weeks, following due process. The main question involved administratively addressing the representation for issuance of property rights.
| Table of Content |
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| 1. petitioner's claim for land ownership based on prolonged possession. (Para 2 , 3) |
| 2. government's duty to respond to petitions. (Para 4) |
| 3. court's directive for timely response and due process. (Para 6) |
ORDER
Mr.C.Jayaprakash, learned Government Advocate takes notice for the respondents. With consent, the main Writ Petition is taken up for disposal at the stage of admission itself.
2. This Writ Petition has been filed seeking for a direction to the 3rd respondent to issue a patta in the name of the petitioner in respect of Natham Survey No. 285/ 42 to an extent of 1.42 cents situated at Kanavaipatti village, Bommasamuthiram Agraharam Panchayat, senthamangalam Taluk, Namakkal district by considering the petitioners representation dated 06.10.2024.
3. The learned counsel appearing for the petitioner would submit that the petitioner constructed a house and residing in Survey No.285/42 to an extent of 1.42 cents situated at Kanavaipatti Village, Bommasamuthiram Agraharam Panchayat and is in continous possession for 25 years. He has been paying property tax to the Government and got electricity connection for the aforesaid property. While so, he has given a representation to the respondents on 06.10.2024 requesting them to issue patta in favour of the petitioner. Since no action has been taken on the said representation, the petitioner is before this Court by way of the present Writ Petition.
4. The learned Government Advocate would submit that the 3rd respondent will pass orders on the representation of the petitioner, on merits and in accordance with law, within the stipulated period.
5. Heard both sides.
6. Considering the facts and circumstances of the case and having regard to the submissions made, without going into the merits of the case, this Court directs the 3rd respondent to pass orders on the representation of the petitioner dated 06.10.2024, on merits and in accordance with law, after issuing notice to the petitioner and also affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.
7. With the above directions, this writ petition is disposed of. No costs.
