M.Kajamohideen, S/O.Mohammed v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.08.2020 CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.5028 of 2014 M.Kajamohideen ...Petitioner v.
1.The District Collector, The District Collectorate, Villupuram District, Villupuram.
2.The Special Tahsildar, Town Land Tax Scheme, O/o. The Tahsildar, Villupuram Taluk, Villupuram Town, Villupuram District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 1st respondent to direct the 2nd respondent to issue a separate patta to the landed property to the extent of 31⁄2 cents bearing Survey Nos. 27/5 and 28/1 of Kandasamy Layout, Poonthottam Village, Villupuram Taluk, Villupuram District bearing Plot Nos. 92 to 95, Block No.81, Ward A, 1st Street, Kandasamy Layout, Villupuram Town as per Oral Hiba @ Gift dated 20.01.2001 and Notorised Hiba @ Gift confirmation deed dated 07.05.2001 issued in favour of the petitioner herein based on petitioner's representation dated 10.01.2014 for issuance of separate patta to the land to the extent of 31⁄2 cents bearing Survey Nos. 27/5 and 28/1 of Kandasamy Layout, Poonthottam Village, Villupuram Taluk, villupuram District bearing Plot Nos. 92 to 95, Block No.81, Ward A, 1st Street, Kandasamy Layout, Villupuram Town. For Petitioner : Mr.A. Prakash For Respondents : Ms. A. Mathumathi, Special Govt. Pleader
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 1st respondent to direct the 2nd respondent to issue separate patta to the landed property measuring an extent of 31⁄2 cents in Survey Nos. 27/5 and 28/1 of Kandasamy Layout, Poonthottam Village, Villupuram Taluk, Villupuram District bearing Plot Nos. 92 to 95, Block No.81, Ward A, 1st Street, Kandasamy Layout, Villupuram Town as per the Oral Hiba dated 20.01.2001 and Notorised Hiba dated 07.05.2001 issued in favour of the petitioner based on the petitioner's representation dated 10.01.2014 for the issuance of separate patta to the said land.
2. It is the case of the petitioner that though he has given a representation as early as on 10.01.2014, the 2nd respondent has not passed any order sofar.
3. Ms.A.Mathumathi, learned Special Government Pleader appearing for the respondents submitted that the 2nd respondent may be directed to dispose of the petitioner's representation dated 10.01.2014 in accordance with law, within a time frame.
4. Having regard to the submissions made by the learned Special Government Pleader and also taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 10.01.2014 and pass orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
With these observations, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Rj To 1.The District Collector, The District Collectorate, Villupuram District, Villupuram.
2.The Special Tahsildar, Town Land Tax Scheme, O/o. The Tahsildar, Villupuram Taluk, Villupuram Town, Villupuram District.
+1cc to the Government Pleader, S.R.No.26732 +1cc to M/s.S.Kumara Devan, Advocate, S.R.No.26496 W.P.No.5028 of 2014 VS(CO) KKV/25/08/2020