N.R.Meganathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:31.03.2015

CORAM

THE HON'BLE MR. JUSTICE T.S. SIVAGNANAM W.P. No.30698 of 2014 N.R.Meganathan

...Petitioner

Vs

1. The District Collector, Salem District, Salem.

2. The District Revenue Officer, Salem District, Salem.

3. The Taluk Tahsildar, Aathur Taluk, Salem District.

...Respondents

Prayer :-Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the first respondent to consider and pass orders on the Representation, dated 20.10.2014, submitted by the petitioner herein for issuing the Patta in his favour in respect of his above said property comprised in Survey No.361/1 of an extent of 1 Acre and 30 cents, situated at Siruvanzoor (rpWthNh; )Village, Aathur Town and Taluk, Salem District expeditiously.

For petitioners :

Mrs.S.Jayanthi For Respondents :

Mr.R.Vijayakumar Addl. Government Pleader

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2.Heard Mrs.S.Jayanthi, learned Counsel appearing for the petitioner and Mr.R.Vijayakumar, learned counsel appearing for the respondents.

3. The petitioner seeks for issuance of a Writ of Mandamus, to direct the first respondent to consider and pass orders on the Representation, dated 20.10.2014, submitted by the petitioner for issuing Patta in his favour.

4. According to the petitioner, the petitioner's father was in possession and enjoyment of the land comprised in Survey No.361/1 to an extent of 1 Acre and 30 cents, situated at Siruvanzoor (rpWthNh;) Village, Aathur Town and Taluk, Salem District and the petitioner relies on certain kist receipts, chitta and adangal to substantiate such claim. However, the copy of the patta issued to the petitioner's father has not been produced.

5. In the light of the above, without going into the merits of the petitioner's claim, there will be a direction to the petitioner to appear before the third respondent and produce all the documents in his possession and if the same is done, the third respondent shall consider the petitioner's representation and pass orders on merits and in accordance with law as expeditiously as possible. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar pbn/nvi

To

1. The District Collector, Salem District, Salem.

2. The District Revenue Officer, Salem District, Salem.

3. The Taluk Tahsildar, Aathur Taluk, Salem District.

1 CC to Mrs.S.Jayanthi, Advocate SR.No. 18211 1 CC to the Government Pleader, SR.No. 18903 W.P. No.30698 of 2014 SSI (CO) PSI (21.01.2015)