A.Murugesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.7581 of 2016 A.Murugesan ... Petitioner Vs.
The District Collector Coimbatore District Coimbatore.
2.The Tahsildar Mettupalayam Taluk, Taluk Office, Mettupalayam Coimbatore District.
3.The Commissioner Mettupalayam Municipality Mettupalayam, Coimbatore District.
... Respondents Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the second respondent to dispose of the petitioner's representation dated 29.01.2016 for correcting the mistakes occurred in Survey records and issuing patta in the petitioner's name for his residential house situated in Ward-A, Block-6 in Survey No.23 in Door No.49/5, Subhash Colony, Ramasamy Nagar, Mettupalayam Town, Coimbatore District consequently enabling the 3rd respondent for taking further actions.
For Petitioner : Mr.V.Ravi For respondent : Mr.S.Navaneethan, Additional Government Pleader
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 forward with the present Writ Petition seeking for issuance of mandamus to direct the second respondent to dispose of the petitioner's representation dated
29.01.2016 for correcting the mistakes occurred in Survey records and issuing patta in the petitioner's name for his residential house is situated in Ward-A, Block-6 in Survey No.23 in Door No.49/5, Subhash Colony, Ramasamy Nagar, Mettupalayam Town, Coimbatore District consequently enabling the 3rd respondent for taking further actions.
3.The petitioner's mother/Valliammal purchased the vacant land situated in Mettupalayam from M.V.Ranganathan. The petitioner has constructed house and living in the house situated in Ward-A, Block-6 in Survey No.23 in Door No.49/5, Subhash Colony, Ramasamy Nagar, Mettupalayam Town, Coimbatore District. The petitioner paid house tax and the 3rd respondent has given due receipt for the same. The petitioner house have been provided with electricity in service connection No.267. The petitioner was also holding Ration card in the above said residential address.
4.The petitioner's mother died on 26.12.2009, earlier the patta was not applied by the petitioner's mother, the petitioner has taken efforts for getting patta in his name. On verification, the petitioner came to know that house property was shown in the name of Rajamani in the 3rd respondent Municipality in Town Survey Records. The petitioner also applied under the provisions of RTI Act and got extracts of the Town Survey Register. Hence, the petitioner submitted his representation dated 29.01.2016 through RPAD to the second respondent also sent copies to the respondents 1 and 3 for correcting the mistakes and also for issuing patta in his favour. The respondents have not responded the representation of the petitioner, hence, the petitioner filed the present writ petition.
5.Heard the submissions of learned counsel appearing for the petitioner and the learned Additional Government Pleader who accepts notice on behalf of the respondents.
6.Considering the facts and circumstances, this Court directs the second respondent to consider the representation of the petitioner dated 29.01.2016 for issuance of patta and further directs the third respondent for correcting the mistakes in the survey records, 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 the merits of the claim of the petitioner.
7.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar tsh To The District Collector Coimbatore District Coimbatore.
2.The Tahsildar Mettupalayam Taluk, Taluk Office, Mettupalayam Coimbatore District.
3.The Commissioner Mettupalayam Municipality Mettupalayam, Coimbatore District.
+1 cc to Government Pleader, sr.13229 +1 cc to Mr.V.Ravi Advpcate, sr.12864 W.P.No.7581 of 2016 ca co kra 15.03.2016