Madras High CourtWP/21627/2018disposed of

Kullappa Gounder Kadu v. The District Collector

2018-08-27Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.21627 of 2018 Kullappa Gounder Kadu Kudieruppor Nala Sangam, S.I.No.12/16, Tharamangalam, Omalur Taluk, Salem District, Rep.by its President A.Kathirvel ..Petitioner Vs 1.The District Collector, Salem District, having office at Collectorate, Salem - 1.

2.The District Revenue Officer, Salem, having office at Collectorate Campus, Salem -1.

3.The Revenue Divisional Officer, Mettur, having office at East Main Road, Mettur Town & Taluk, Salem District.

4.The Tahsildar, Omalur Taluk, having office at Taluk Office, Omalur Town and Taluk,Salem District. 5.The Village Administrative Officer, Tharamangalam Village near Tharamangalam Bus Stand, Tharamangalam Town and Post, Omalur Taluk, Salem District.

6.S.T.M.Mulumathiselvan 7.P.Govindan 8.Palanisamy .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the

respondents 1 to 5 to pass orders on the petition filed by the petitioner Association for grant of patta in respect of the individual properties purchased by members of Kullappa Gounder Kadu Kudieruppor Nala Sangam, Tharamangalam, Omalur Taluk, Salem District viz., the petitioner herein, as per Decree passed in O.S.No.27 of 2017 by the District Munsif, Omalur. For Petitioner : Mr.S.Kalyanaraman For Respondents : Mr.J.Ramesh Additional Government Pleader for R1 to R5

O R D E R

Mr.J.Ramesh, learned Additional Government Pleader takes notice for the respondents 1 to 5. By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this writ petition is for a mandamus, directing the respondents 1 to 5 to grant patta, in respect of the individual properties purchased by the members of the petitioner Association in Survey Nos.241/1A1, 241/1A2, 241/3B, 241/1B and 241/1C1, measuring to an extent of 6 acres and 85 1/2 cents, at Tharamangalam Village, as per Decree passed in O.S.No.27 of 2017 by the District Munsif, Omalur.

3. The learned counsel appearing for the petitioner Association submitted that though the petitioner Association has given a representation to the respondents 1 to 5, seeking issuance of patta in their favour, but, the same was not considered. Hence the present writ petition.

4. The learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that the respondents may be directed to consider the petitioner's representations and pass orders on merits in accordance with law.

5. In the light of the limited scope of the matter, having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the third respondent to consider the representation of the petitioner dated 03.02.2018 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as other necessary parties, within a period of eight weeks, from the date of receipt of the same.

6. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar ms To 1.The District Collector, Salem District, having office at Collectorate, Salem - 1.

2.The District Revenue Officer, Salem, having office at Collectorate Campus, Salem -1.

3.The Revenue Divisional Officer, Mettur, having office at East Main Road, Mettur Town & Taluk, Salem District.

+1cc to Mr.S. Kalyanaraman, Advocate SR.No.58501 +1cc to Government Pleader SR.No.58805 W.P.No.21627 of 2018 GMY(10/09/2018)