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Madras High CourtWP/2305/2016disposed of

N.Kamalammal v. The District Collector

2016-01-22Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No. 2305 of 2016 N. Kamalammal ..

Petitioner Vs

1. The District Collector, Collectorate, Villupuram District.

2. The Tahsildar Thirukovilur, Villupuram District .. Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 2nd respondent herein to issue patta in favour of petitioner a total extent of 5 acres 28 cents comprised in S.No.114/1 an extent of 2 acre 79 cents and 114/3 an extent of 2 acre 49 cents in Andrayanallur Village, Villupuram District. For Petitioner : Mr. G. Ranganathan For Respondents : Mr.A. Kumar Addl. Govt. Pleader

ORDER

The Petitioner has come forward with this writ petitioner seeking for a mandamus upon the 2nd respondent to issue patta in favour of petitioner, a total extent of 5 acres 28 cents comprised in S.No.114/1, an extent of 2 acre 79 cents and 114/3, an extent of 2 acre 49 cents respectively in Andrayanallur Village, Villupuram District.

2. Heard Mr.G. Ranganathan, learned counsel appearing for petitioner and Mr.A. Kumar, learned Additional Government Pleader, who accepts notice on behalf of respondents.

3. According to the petitioner, the petitioner is the owner of total extent of 5 acres 28 cents, bearing Survey No.114/1 measuring an extent of 2 acres 79 cents and in Survey No.114/3 measuring an extent of 2 acres 49 cents in Andrayanallur Village, Villupuram District. He inherited the above property by way of a family partition. The petitioner https://hcservices.ecourts.gov.in/hcservices/

applied before the 2nd respondent for issuance of patta in his favour . Since the 2nd respondent failed to issue patta in his favour, the petitioner made many oral representations and on 5.8.2015, he made a written representation before the 1st and 2nd respondents . After receipt of the representation, the 1st respondent gave reply on 18.8.2015 and the 1st respondent intimated to the 2nd respondent to take an appropriate action against his representation, but till date, the 2nd respondent did not take any action for issuance of patta in favour of petitioner. Hence, the petitioner is before this Court with this Writ petition.

4. Learned counsel appearing for the petitioner has submitted that it would suffice, if the representation of the petitioner is considered and necessary orders be passed by the first and second respondents within the time, as fixed by this Court.

5.

Learned Government Advocate appearing for the respondents have no serious objection in issuing such a direction, as sought for by the learned counsel appearing for the petitioner.

6. In the light of the above, this Court, without going into the merits of the case, directs the respondents 1 and 2 to consider the representation of the petitioner, dated 5.8.2015 and dispose of the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order, after issuing due notice to any other interested parties concerned. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar msr To

1. The District Collector, Collectorate, Villupuram District.

2. The Tahsildar Thirukovilur, Villupuram District +1 cc to Government Pleader sr.4164/16 W.P.No. 2305 of 2016 aa18/02/2016 https://hcservices.ecourts.gov.in/hcservices/