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Madras High CourtWP/5437/2023disposed of

K.Paranthaman v. The District Collector

2023-02-23Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR K.Paranthaman ... Petitioner Vs 1.The District Collector, Collectorate Villupuram, Kallakuruchi District.

2.The Tahsildar, Ulundurpettai Taluk, Kallakuruchi District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 25.09.2018 and issue the free assignment patta in favour of the petitioner to an extent of 3 cents comprised in Survey No.58/7, Thirunarakundram Village, Ulundurpettai Taluk, Kallakuruchi District.

For Petitioner : Ms.K.Varsha For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The prayer sought for herein is for a writ of mandamus directing the 2nd respondent to consider the petitioner's representation dated 25.09.2018 1/4

and issue the free assignment patta in favour of the petitioner to an extent of 3 cents comprised in Survey No.58/7, Thirunarakundram Village, Ulundurpettai Taluk, Kallakuruchi District.

2. The petitioner claimed to have put up some cement construction and has been residing at Survey No.58/7, Thirunarakundram Village, Ulundurpettai Taluk, Kallakurichi District for several years, therefore in order to get 3 cents of assignment as free patta for housing site in the said survey number, the petitioner has given a representation on 25.09.2018 and in order to consider the said representation and to pass orders on merits within a time frame, the petitioner has filed a present writ petition with the aforestated prayer.

3. Heard Ms.K.Varsha, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents.

4. The learned Additional Government Pleader for the respondents would submit that the land in question claimed to get patta by the petitioner 2/4

whether is capable of being issued patta i.e. free patta for house site would be examined by conducting an enquiry by the Tahsildar and thereafter a decision would be taken, he contended.

5. Considering the said submission made by the learned Additional Government Pleader for the respondents, a direction is hereby given to the 2nd respondent Tahsildar to conduct an enquiry on the plea raised by the petitioner through his representation dated 25.09.2018 and pass necessary orders thereon on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6. With this direction, this Writ Petition is disposed of. No costs. 23.02.2023 Index : Yes / No Speaking Order : Yes / No Sgl To 1.The District Collector, Collectorate Villupuram, Kallakuruchi District.

2.The Tahsildar, Ulundurpettai Taluk, Kallakuruchi District.

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R.SURESH KUMAR, J.

Sgl 23.02.2023 4/4