Asothai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.28612 of 2013 and M.P.No.1 of 2013 Asothai

...Petitioner

Versus

1.The District Collector, Villupuram District, Villupuram.

2.The Thasildar, Thirukovillur Taluk, Villupuram District.

3.The Chairman, Gandhi Kuppam, Thiruvennai Nallur Town Panchayat, Thirukovillur(TK), Villupuram(Dist).

... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 2nd respondent herein to issue Patta to the petitioner comprised in S.No.231/4 C extent of 3 1⁄2 cents out of 10 cents. For Petitioner : Mr.K.Krishnan For Respondents : Mr.N.Manikandan Government Advocate

O R D E R

The petitioner has come forward with the present writ petition seeking for a direction to the second respondent to issue Patta to the petitioner's residential area comprised in S.No.231/4 C to an extent of 3 1⁄2 cents out of 10 cents.

2. Heard Mr.K.Krishnan, learned counsel appearing for the petitioner and Mr.N.Manikandan, learned Government Advocate appearing for the respondents and the perused the material documents available on records.

3. The case of the petitioner is that she has been in possession of 3 1⁄2 cents in S.No.231/4 C for more than fifteen years and she has also constructed a house and paying the house tax to the local body. While so, at the instance of the third respondent, the second respondent disturbed the possession and enjoyment of the land. Therefore, she gave a representation dated 25.6.2013 for issuance of Patta. Since no favourable order was passed, the present writ petition.

4. The learned counsel for the petitioner submitted that the petitioner would be satisfied, if a direction is issued to the second respondent to pass appropriate orders on the representation of the petitioner dated 25.6.2013.

5. The learned Government Advocate appearing for the respondents submitted that the petitioner was already owing the Patta in S.No.231/4 C and encroached the land.

6. In the light of the above facts, this Court without going into the merits of the case, directs the second respondent to pass appropriate orders on the representation of the petitioner dated 25.6.2013 on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after providing an opportunity to all the necessary parties.

7. With the above direction, this writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ms To 1.The District Collector, Villupuram District, Villupuram.

2.The Thasildar, Thirukovillur Taluk, Villupuram District.

3.The Chairman, Gandhi Kuppam, Thiruvennai Nallur Town Panchayat, Thirukovillur Taluk, Villupuram District.

+1cc to Mr.K.KRISHNAN, Advocate, S.R.No. 11660 +1cc to the Government Pleader, S.R.No. 12176 W.P.No.28612 of 2013 and M.P.No.1 of 2013 SR(CO) TR(28/02/2018)