N. Saminathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.26037 of 2018 N.Saminathan ... Petitioner Vs.

1.The District Collector, Tiruppur District, Tiruppur.

2.The District Revenue Officer, Tiruppur,Tiruppur District.

3.The Tahsildar, Palladam Taluk, Pollachi Road, Tiruppur District.

... Respondents Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus to direct the third respondent to issue patta in favour of the petitioner's land bearing S.F.No.334/1 measuring to an extent of 2960 sq.ft.

For Petitioner : Mr.C.Ananda Ramani For R1 to R3 : Mr.V.Shanmuga Sundar, SGP

ORDER

By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself. 2.The relief sought for in this writ petition is to direct the third respondent to issue patta in favour of the petitioner, in respect of his land in S.F.No.334/1 measuring to an extent of 2960 sq.ft.

3.According to the learned counsel for the petitioner, the petitioner submitted a representation dated 20.12.2017 to the respondents 1 and 3 requesting to issue patta for the land in question, based on G.O.Ms.No.1300 Revenue Department, dated 30.04.1971, as per which, any person, who has been in continuous possession and enjoyment of the property, may apply for the grant of patta either to the Revenue Divisional Officer or to the District Revenue Officer/Collector as the case may be. Since the said representation was not considered so far, the petitioner has come up with the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Special Government Pleader taking notice for the respondents fairly submitted that the petitioner's representation would be considered by the respondent authority, on merits and in accordance with law, within a time frame to be stipulated by this Court.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the petitioner's representation dated 20.12.2017 with regard to grant of patta and pass appropriate orders, on merits and in accordance with law and also in the light of G.O.Ms.No.1300 Revenue Department, dated 30.04.1971, after affording an opportunity of personal hearing to the petitioner as well as any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rk To 1.The District Collector, Tiruppur District, Tiruppur.

2.The District Revenue Officer, Tiruppur, Tiruppur District.

3.The Tahsildar, Palladam Taluk, Pollachi Road, Tiruppur District.

+1cc to Mr.C.Ananda Ramani, Advocate, S.R.No.74832 +1cc to the Government Pleader, S.R.No.74872 W.P.No.26037 of 2018 AD(CO) rrs 03/12/2018 https://hcservices.ecourts.gov.in/hcservices/