T.Prakasam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 30.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.18274 of 2015 T.Prakasam ... Petitioner

Versus

1 The District Collector Ariyalur District Ariyalur 2 The District Revenue Officer Ariyalur District Ariyalur 3 The Tahsildar Ariyalur Revenue District Ariyalur 4 The Village Administrative Officer Rayampuram Village Ariyalur District Ariyalur ... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondent to consider the representation dt 13.5.2015 to issue Patta in the name of the petitioner in respect of the House Plot in Survey No. 413/30 situated at Rayampuram Village Ariyalur Taluk and District measuring an extent of 750 sq.ft.

For Petitioner : Mr.Dalit Tiger C.Ponnusamy For Respondents : Mrs.P.Rajalakshmi Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner would submit that by way of intestate succession, he is in possession and enjoyment of the House Plot, admeasuring to an extent of 750 sq.ft., in Survey No. 413/30, situated at Rayampuram Village, Ariyalur Taluk and District, for over three decades and for mutation of names in the revenue

records and also to get patta in his name, he approached the respondents on various occasions and he has not been favoured with any response. The petitioner later on came to know that the respondents had already issued patta in favour of one Latha and Devaki, in respect of the same survey number, as they wielded political clout. The petitioner in this regard, submitted a representation dated 13.05.2015 to the respondents praying for issuance of patta in his name in respect of the said land and since, he has not been favoured with any response, came forward to file this writ petition.

3. Heard the submissions of the learned counsel appearing for the petitioner and Mrs.P.Rajalakshmi, learned Government Counsel, appearing on behalf of the respondents, who would submit that the representation dated 13.05.2015 is not traceable in the office of the 3rd respondent and he may be permitted to submit one more representation with appropriate direction.

4. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner in this writ petition, permits the petitioner to submit one more representation to the 3rd respondent, praying for issuance of patta and deletion of names, within a period of one week from the date of receipt of a copy of this order, by enclosing the copy of the order passed in this writ petition, as well as, his earlier representation dated 13.05.2015 and the 3rd respondent on receipt of the same, is directed to consider the representation, in accordance with law, after putting on notice the persons concerned and pass orders within a period of six weeks, thereafter and communicate the decision taken to the petitioner as well as to the persons concerned.

5. The writ petition is disposed of, accordingly. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst.

To 1 The District Collector Ariyalur District Ariyalur 2 The District Revenue Officer Ariyalur District Ariyalur 3 The Tahsildar Ariyalur Revenue District Ariyalur

4 The Village Administrative Officer Rayampuram Village Ariyalur District Ariyalur +1cc to Government Pleader sr.no. 32601.

W.P.No.18274 of 2015 ggk[co] srg 27.07