Mr.C.N.Varadharajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.3517 of 2015 and M.P.No.1 of 2015 C.N.Vardharajan .. Petitioner versus
1. The District Collector
2. The Commissioner Tiruppur Corporation Tiruppur.
3. The Revenue Divisional Officer
4. The Tahsildar
5. The Town Surveyor .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to issue patta in favour of the petitioner comprised in S.F.No.75/1, measuring about 736 sq.ft., A Block, No.3, Ward No.4, Tax No.2770 and New No.64, Old No.583, New No.5, Dharapuram Road, For Petitioner :
Mr.N.K.Ponraj For Respondents:
Mr.S.Gunasekaran Government Advocate
ORDER
The petitioner seeks for the issuance of a writ of mandamus to direct the respondents to issue patta in favour of the petitioner
comprised in S.F.No.75/1, measuring about 736 sq.ft., A Block, No.3, Ward No.4, Tax No.2770 and New No.64, Old No.583, New No.5, Dharapuram Road, Tiruppur District.
2. The petitioner claims that he is in possession of the above mentioned property for the past 60 to 70 years, which is classified as Grama Natham land and sought for the issuance of patta. However, he now apprehends forcible eviction at the hands of the respondents. Hence, the present writ petition seeking the aforesaid relief.
3. Learned counsel for the petitioner submitted that on a wrong advise given to the petitioner, he has filed a civil suit in O.S.No.206 of 2002 before the District Munsif Court, Tiruppur, however, he would submit that his client has given instructions to his counsel, who is appearing for him in the trial court to withdraw the said suit.
4. In the light of the above submission, there will be a direction to the fourth respondent to consider the petitioner's representation said to have been sent on 06.02.2015 on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. Till such time, if the petitioner continues to remain in possession of the aforementioned property, his possession shall not be disturbed otherwise than by following due process of law.
5. The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The District Collector
2. The Commissioner Tiruppur Corporation Tiruppur.
3. The Revenue Divisional Officer
4. The Tahsildar
5. The Town Surveyor 6.The District Munsif, Tiruppur.
1 cc to Government Pleader,Sr.No8394 WP.No.3517 of 2015 msm(co) pmk.20.2.2015