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Madras High CourtWP/41619/2016disposed of

S.Kathirvel v. The District Collector

2016-11-28Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.11.2016

CORAM:

THE HON'BLE MR. JUSTICE B.RAJENDRAN W.P.No.41619 of 2016 and W.M.P.No.35618 of 2016 S.Kathirvel ... Petitioner

Versus

1.The District Collector, Collectorate Villupuram, 2.The Thasildar, Ulundurpettai Taluk, Villupuram Taluk, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent herein to dispose the representation of the petitioner made on 27.07.2016 and to issue patta in favour of the petitioner in respect of the land measuring an extent of 4 cent comprised in Survey No.299/11 bearing Old Door No. 1/77, New No.1/69, Agragara Street, Thirunavallur, Ulundurpettai Taluk, Villupuram District.

For Petitioner :

Mr. G. Ranganathan For Respondents :

Mr. P. Chinnnadurai, Government Advocate

O R D E R

The petitioner seeks for issuance of a Mandamus directing the second respondent herein to dispose of his representation dated 27.07.2016 and to issue patta in his favour in respect of the land measuring an extent of 4 cent comprised in Survey No.299/11 bearing Old Door No. 1/77, New No.1/69, Agragara Street, Thirunavallur, Ulundurpettai Taluk, Villupuram District.

2. The petitioner would state that he occupied the land classified as Natham House site measuring an extent of 4 cents comprised in Survey No.299/11, Thirunavallur Village, Ulundurpettai Taluk, Villupuram District where he had constructed a house and living there with his family for more than 35 years without any disturbance. According to the petitioner, the land over which he had put up the building classified as in the Revenue record as Village Natam House site. The petitioner would further state that after he constructed the house, the respondents inspected the premises and assessed the building for payment of property tax and also collected the house tax through the Thirunavallur Panchayat. In such circumstances, the petitioner made a representation dated 27.07.2016 praying for issuance of patta in his name.

On receipt of the representation, the first respondent directed the second respondent to take action and inform the decision taken thereof to the petitioner as well as to the first respondent, vide communication dated 03.08.2016. However, the second respondent without acting on the communication of the first respondent, threatening the petitioner to evict the premises without giving proper notice. Hence, the petitioner has come forward with this Writ Petition.

3. Heard the submissions of learned counsel appearing for the petitioner and the learned Government Advocate, who accepts notice on behalf of the respondents.

4. Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the second respondent to consider the petitioner's representation dated 27.07.2016 and pass orders thereon on merits and in accordance with law, as expeditiously as possible. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

sd/ Assistant Registrar(CS V) /true copy/ Sub Assistant Registrar vsm/rsh To 1.The District Collector, Collectorate Villupuram,

2.The Thasildar, Ulundurpettai Taluk, Villupuram Taluk, +1cc to Government Pleader SR.No.70118 WP No.41619 of 2016 SSI(CO) GN(02/03/2017)