Mr.S.Ramachandran v. The Thasildar

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 01.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.3617 of 2014 S.Ramachandran ...

Petitioner -VsThe Thasildar Kinathukadavu Taluk Kinathukadavu - 642 109 Coimbatore District.

...

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 28.05.2013 and consequently to grant individual patta of the application mentioned land, in the petitioner's favour.

For Petitioner :

Mr.K.P.Gopalakrishnan For Respondents :

Mr.Richardson Wilson Government Counsel

O R D E R

The prayer sought for herein is for the issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 28.05.2013 and consequently to grant individual patta of the application mentioned land, in the petitioner's favour.

2. The case of the petitioner is that, the petitioner is the owner of the property in Village Natham Certificate No.71, UDR Survey No.433/11 Nallatipalayam Village, Thamaraikulam, Kinathukadavu Sub-Registration District, Coimbatore District. The said land, according to the petitioner, had been purchased from the erstwhile owner. However, according to the petitioner, it has been shown in the Revenue Register as Grama Natham. Therefore, in order to get patta for the said land, which according to the petitioner, were private lands or patta lands, purchased by a valid sale consideration, the petitioner has given a representation dated 28.05.2013 to the respondent Tahsildar and since the same has not been considered, the

petitioner had filed this writ petition with the aforesaid prayer.

3. Heard Mr.K.P.Gopalakrishnan, learned counsel appearing for the petitioner, who, after having reiterated the aforesaid facts, would seek the indulgence of this Court to give a direction to the respondent to consider the request of the petitioner dated 28.05.2013 and accordingly pass necessary orders with regard to the plea of the petitioner with regard to the grant of patta for the land in question.

4. Heard Mr.Richardson Wilson, learned Government Counsel, who would submit that, if at all the petitioner's representation dated 28.05.2013 had not been decided on merits so far, certainly the respondent would look into and decide the same on merits and in accordance with law within a time frame that may be stipulated by this Court.

5. Considering the said submission by the learned counsel appearing for both sides and taking into account the innocuous nature of the prayer, this Court is inclined to dispose of this writ petition with the following order.

● That there shall be a direction to the respondent to consider the request of the petitioner dated 28.05.2013 and decide the same on merits and in accordance with law, after getting further input needed, if any, from the petitioner by giving an opportunity of being heard and thereafter pass necessary orders thereon, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

● It is made clear that, if the respondent had already decided the said request dated 28.05.2013, since it was submitted way back in the year 2013, a copy of such decision shall be communicated to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar KST

To The Thasildar Kinathukadavu Taluk Kinathukadavu - 642 109 Coimbatore District.

+1cc to the Government Pleader, S.R.No.30856 W.P.No.3617 of 2014 PL(CO) RLP(20/07/2021)