Madras High CourtWP/7185/2016disposed of

Palaniammal v. The District Collector,

2016-02-26Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.7185 of 2016 Palaniammal ... Petitioner vs.

1.The District Collector, Office of the District Collector, 2.The District Revenue Officer, Mohanur Street, Namakkal.

3.The Revenue Tahsildar, Senthamangalam Taluk, Senthamangalam, ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the third respondent to consider the petitioner's representation dated 11.01.2016 and direct the third respondent to issue patta in petitioner's name within the stipulated time by this court. For Petitioner :

Mr.M.N.Balakrishnan For Respondents :

Mr.S.Navaneetham, AGP

ORDER

The petitioner has come up with the present writ petition for a mandamus, directing the third respondent to consider her representation dated 11.01.2016 and to issue patta in her name within the stipulated time fixed by this court.

2. It is the case of the petitioner that she has been living along with her family members, in Door No.3/113, Kuttaikarai, Ka.Vellalappatti Post, Senthamangalam Taluk, Namakkal District for the past 35 years. She is regularly paying property tax to Kallakurichi Panchayat for the past 25 years and also obtained service connection. However, no patta has been

issued to her. The Chairman of Kallakurichi Panchayat, Senthamangalam Union, Namakkal District issued a letter dated 20.03.2015 to the Tahsildar, Senthamangalam Taluk, recommending to issue patta to the petitioner. The petitioner also made a representation seeking patta dated 11.01.2016 to the first respondent, copy of which is addressed to other respondents. But, till date, no action has been taken by the authorities concerned, which compelled the petitioner to approach this court with the present writ petition for the above stated relief.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader, who took notice for the respondents.

4. Considering the facts and circumstances of the case, this Court directs the third respondent to consider the representation of the petitioner dated 11.01.2016, by affording an opportunity of personal hearing to the petitioner as well as to other necessary parties, if any and pass appropriate orders with regard to grant of patta to the petitioner. It is made clear that this Court is not expressing any opinion with regard to the merits of the claim made by the petitioner and it is for the third respondent to pass appropriate orders purely on merits and in accordance with law. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rk To 1.The District Collector, Office of the District Collector, 2.The District Revenue Officer, Mohanur Street, Namakkal.

3.The Revenue Tahsildar, Senthamangalam Taluk, Senthamangalam, +1 cc to Government Pleader, sr.12531 +1 cc to Mr.M.N.Balakrishnan, Advocate, 12267 W.P.No.7185 of 2016 rsy co kra 14.03.2016