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Madras High CourtWP/797/2018disposed of

S. Shanthi v. The District Collector

2018-01-12Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:12.01.2018

CORAM

THE HONOURABLE MR.JUSTICE RAVICHANDRABAABU W.P.No.797 of 2018 S.Shanthi ... Petitioner vs.

1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, Gopi, Erode District.

3. The Tahsildhar, Sathyamangalam Taluk, Erode District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to ear mark and hand over possession of the petitioner's land as per the Assignment Patta within a time frame to be fixed by this Court.

For Petitioner : Mr.K.A.Mariappan For Respondents : Mr.M.Jothikumar Additional Government Pleader

O R D E R

Mr.M.Jothi Kumar, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal.

2. The petitioner seeks for a mandamus directing the 3rd respondent to ear mark and hand over possession of the petitioner's land as per the Assignment Patta.

3. Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/

4. The grievance of the petitioner is that even though the assignment patta was issued by the 3rd respondent as early as on 13.01.2015 by stipulating a condition that the petitioner has to put up the construction within a period of three years from 13.01.2015, till this date the property assigned in the assignment has not been physically handed over to the petitioner. Ventilating such grievance, the petitioner made a representation to the respondents on 26.08.2017. As the said representation has not been considered so far, the present writ petition is filed before this Court.

5. This Court, at this stage, is not expressing any view on the claim made by the petitioner, as it is for the 3rd respondent to consider and decide. Thus, this writ petition is disposed of, only with a direction to the 3rd respondent to consider the representation of the petitioner dated 26.08.2017 and pass orders on the same on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.

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

1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, Gopi, Erode District.

3. The Tahsildhar, Sathyamangalam Taluk, Erode District.

+1cc to Government Pleader, S.R.No.3318 +1cc to Mr.K.A.Mariappan, Advocate, S.R.No.3431 W.P.No.797 of 2018 nrjk(CO) sk(03/02/2018) https://hcservices.ecourts.gov.in/hcservices/