Madras High CourtWP/2836/2024disposed of

Saminathan v. The District Collector

2024-02-09Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Saminathan ... Petitioner versus 1.The District Collector, Collectorate, Coimbatore.

2.The Tasildhar, Tasildhar Office, Sulur Taluk, Coimbatore.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the second respondent to consider the application given by the petitioner dated 12.09.2023 and consequently to direct the second respondent to issue Patta to the petitioner, which is pertaining to the property situated at Old S.F.No.190, New S.F.No.379/3, Page No.1/5

D.No.6/127, Palaiyur Road, Pattanam, Sulur Taluk, Coimbatore within a time as stipulated by this Court.

For Petitioner :

Mr.M.Saravanakumar For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

Mr.A.Selvendran, learned Special Government Pleader accepts notice for respondents. With the consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has given a representation to the respondents on 12.09.2023, seeking to issue Patta in his favour in respect of the property situated at Old S.F.No.190, New S.F.No.379/3, D.No.6/127, Palaiyur Road, Pattanam, Sulur Taluk, Coimbatore. Since there was no response from the respondents till date, the present writ petition has been filed. Page No.2/5

3. Learned Special Government Pleader appearing for the respondents submits that the representation of the petitioner dated 12.09.2023 will be considered by the second respondent as expeditiously as possible.

4. Heard both sides and perused the materials available on record.

5. Having regard to the submissions made by the learned counsel on either side, this Court, at this stage, is not expressing any view on the merits of the matter, as it is for the second respondent/Tahsildar to consider and decide the same on merits and in accordance with law. Since this Writ Petition is only for a mandamus to consider the representation, this Court directs the second respondent to consider the representation of the petitioner dated 12.09.2023 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as rival claimants/interested parties, if any, as the case may be within the Page No.3/5

stipulated time as stated in Circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration.

6. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

09.02.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Collectorate, Coimbatore.

2.The Tasildhar, Tasildhar Office, Sulur Taluk, Coimbatore.

Page No.4/5

P.VELMURUGAN, J.

ms 09.02.2024 Page No.5/5