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Madras High CourtWP/9996/2017disposed of

K.Ranganathan v. The District Collector

2017-04-24Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:24.04.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No. 9996 of 2017 and WMP.No.10998 of 2017 1.

K.Ranganathan 2.

V.Krishnan 3.

P.Venkatachalam 4.

K.Kulandai Kounder 5.

J.Govindaraj

...Petitioners

Versus

1. The District Collector, Salem District, Salem.

2. The Sub-collector Mettur, Salem District.

3. The Tahsildhar, Kadayampatti Taluk, Salem District.

4. The President Karuvalli Panchayat Board, Karuvalli, Salem District.

....Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to grant patta to the petitioners in respect of the portions occupied by them in the property bearing S.No.167 in Marakottai Village, Kadaiyampatty Taluk, Salem District measuring Hec.11.51.0 by considering their representation dated 27.02.2017 and pass orders in accordance with law.

For Petitioner : Mr.D.Baskar For Respondents : Mr. A.N.Thambidurai (Spl. Govt. Pleader) (R1-3) Mr.T.Jayaramraj (R4)

ORDER

Mr.A.N.Thambidurai, learned Special Government Pleader, takes notice for the respondents 1 to 3 and Mr.T.Jayaramraj, learned counsel takes notice for the 4th respondent.

2. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

3. The petitioners have filed the above writ petition to issue a writ of mandamus directing the respondents to grant patta to their property bearing Survey No.167 in Marakottai Village, Kadaiyampatty Taluk, Salem District measuring an extent of 11.51.0 hectares, by considering their representation dated 27.02.2017 and to pass orders in accordance with law within a time frame.

4. The learned counsel appearing for the petitioners submitted that inspite of the petitioners representation dated 27.02.2017, the 3rd respondent has not passed any order so far.

5. The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the 3rd respondent may be directed to consider the petitioners' representation in accordance with law.

6. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for in the writ petition, without going into merits of the case, I direct the 3rd respondent to consider the petitioners representation dated 27.02.2017 and pass orders, on merits and in accordance with law, within eight weeks from the date of receipt of copy of this order.

7. With the above observation, the writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

sm/rg To

1. The District Collector, Salem District, Salem.

2. The Sub-collector Mettur, Salem District.

3. The Tahsildhar, Kadayampatti Taluk, Salem District.

4. The President Karuvalli Panchayat Board, Karuvalli, Salem District.

+1 cc to Mr.R.Thamaraiselvan, Sr.24548 +1 cc to Government Pleader, Sr.25005 W.P.No. 9996 of 2017 nr(co) rmp(03/05/17)