Savithiri v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.No.8212 of 2017 and W.M.P.Nos. 9034 and 9035 of 2017 Savithiri

...Petitioner

Vs

1. The District Collector, Ariyalur District, Ariyalur.

2. The Tahsildar, Taluk Office, Jayankondam Ariyalur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent herein to issue copy of the patta to the petitioner for the land comprised in Survey No.265-1 measuring about 0.03 cents situated at Nalroad Street, Andimadam Post, Udayarpalayam Taluk, Ariyalur District within the Sub-Registration District of Andimadam and Registration District of Ariyalur pursuant to the proceedings of the second respondent in Na.Ka/39/2014 dated 05.12.2014 copy of which not received by the Petitioner. For Petitioner :

Mr.S.Nagarajan For Respondent :

Mr.S.V.Doraisolaimalai, Additional Government Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the 2nd respondent to issue copy of the patta to the petitioner for the land pursuant to survey No.265-1, measuring 0.03 cents, situated at Nalroad Street, Andimadam Post, Udayarpalayam Taluk, Ariyalur District, within the Sub-Registration District of Andimadam and Registration District of Ariyalur, pursuant to the proceedings of the 2nd respondent, dated 05.12.2014.

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2. It is the case of the petitioner that pursuant to the decree passed in O.S.No.385 of 2010, dated 24.07.2013, on the file of the District Munsif Court, Jayankondam, the petitioner gave a representation dated 18.07.2016, for issuance of patta. However, the respondents have not issued the patta till this date.

3. Mr.S.V.Doraisolaimalai, Additional Government Pleader, appearing for the respondents, submitted that the 2nd respondent may be directed to consider the petitioner's representation dated 18.07.2016, and pass orders, in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the case of the petitioner without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 18.07.2016 and pass orders within 8 weeks from the date of receipt of a copy of this order.

4. With this observation, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gsa/jer To

1. The District Collector, Ariyalur District, Ariyalur.

2. The Tahsildar, Taluk Office, Jayankondam, Ariyalur District.

+1cc to Mr.S.Nagarajan, Advocate SR.22940 +1cc to the Government Pleader Sr.22836 W.P.No.8212 of 2017 and W.M.P.Nos. 9034 & 9035 of 2017 gj[co] srg 28/04/2017 https://hcservices.ecourts.gov.in/hcservices/