Madras High CourtWP/4913/2016disposed of

Mr.Ganesan, v. The District Collector,

2016-02-10Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.4913 of 2016 Ganesan .. Petitioner Vs.

1.The District Collector Ariyalur District Collectorate and Multi Departmental Complex, Jayankondam Road, Ariyalur, Pincode - 621 704.

2.Tahsildar Multi Departmental Complex Jayankondam Road, Ariyalur Pincode - 621 704.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the respondents to consider the representation dated 05.11.2015 and to issue individual patta to the petitioner. For Petitioner : M/s. S. Ravichandran For respondents: Mr.P.Rajalakshmi, Government Advocate

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The petitioner has come up with the present writ petition for issuance of writ of mandamus to direct the respondents to consider the representation dated 05.11.2015 and to issue individual patta to the petitioner.

3.The petitioner submits that the property situated at Hanumanthapuram Village, Kayurlapet Ariyalur Taluk, Ariyalur District in Survey No.244/3B-2 admeasuring 3.47 acres. The said property was layout into Housing Plots and it was named as Lakshmi Nagar, the petitioner purchased the plot No.28 admeasuring 1368sq.ft vacant land through auction conducted by the Principal District Court, Ariyalur on 27.09.2011. https://hcservices.ecourts.gov.in/hcservices/

4.The petitioner was in absolute possession and enjoyment of the property right from the date of his purchase. It is further stated that patta No.1065 has been issued in favour of all the purchasers in S.No.244/3B and the name of the petitioner's is shown in column No.29 of the joint patta. The petitioner sent his representation to the first respondent for measuring the site and for issuing individual patta in his favour. Since, no steps has been taken by the respondents, the petitioner filed the present writ petition.

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

6.This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider and pass orders on the representation dated 05.11.2015 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 affording opportunity of personal hearing to the petitioner as well as to the necessary parties, if any. It is made clear, that this Court has not expressed any opinion on merits of the claim of the petitioner.

7.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar tsh To 1.The District Collector Ariyalur District Collectorate and Multi Departmental Complex, Jayankondam Road, Ariyalur, Pincode - 621 704.

2.Tahsildar Multi Departmental Complex Jayankondam Road, Ariyalur Pincode - 621 704.

1 cc to Government Pleader, Sr. 8864 1 cc to Mr.S. Ravichandran, Advocate, Sr. 8728 W.P.No.4913 of 2016.

VD (CO) kk 24/2 https://hcservices.ecourts.gov.in/hcservices/