Dharmalingam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2016

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P. Nos.5240 and 5241 of 2014 Dharmalingam ... Petitioner in W.P. No. 5240 of 2014 C.Murugesh ... Petitioner in W.P. No. 5241 of 2014 Vs.

1. The District Collector, Coimbatore District, Coimbatore.

2. The Tahsildar, Coimbatore South, Coimbatore.

... Respondents in both writ petitions Prayer in both writ petitions: Petitions filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents herein to issue patta as per the representation of the petitioners dated 05.11.2013. For Petitioners : Mr.S. Gunalan For Respondents : Mr.S.Pattabiraman.

COMMON ORDER As the issues involved in both the writ petitions are one and the same, they have been taken up together and disposed of with a common order.

2. The petitioners made a representations on 05.11.2013, seeking issuance of Patta on the ground that the acquisition proceedings having been quashed at the instance of the petitioner in W.P. No. 10105 of 2013, dated 12.04.2013, is also confirmed by the Hon'ble Division Bench as well as the Hon'ble Apex Court. It has been stated in the said representations that the patta standing in the name of the Housing Board will have to be cancelled and it has to be issued in the name of the petitioners. As the aforesaid representations are yet to be considered, the present writ petitions have been filed by the petitioners before this Court.

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3. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent Nos. 1 and 2.

4. Considering the above facts, a direction is issued to the respondent No. 2 to consider the pending representations of the petitioners dated 05.11.2013 and pass appropriate orders on the same, within a period of eight weeks from the date of receipt of copy of this order, after affording an opportunity of hearing to the petitioners as well as to the Tamil Nadu Housing Board.

5. With the above direction, the present writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Tahsildar, Coimbatore South, Coimbatore.

+2cc to Mr.S.Gunalan, Advocate, S.R.No.5351, 5354 +1cc to the Government Pleader, S.R.No.5499 W.P.No. 5240 and 5241 of 2014 kji(CO) srg(11/02/2016) https://hcservices.ecourts.gov.in/hcservices/