Thamarai Selvi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.26760 of 2018 Thamarai Selvi ... Petitioner Vs

1. The District Collector, Collectorate,Salem District, Salem -1.

2. The Revenue Divisional Officer, Attur Taluk, Salem District.

3. The Tahsildar, Taluk Office, Attur Town, Salem District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the respondents 2 and 3 to consider the petitioner's representation dated 17.01.2018 and comply the 1st respondent proceedings dated 13.02.2018 made in O.M.No.3242/2018/K4 and take necessary action for issuance of patta in favour of the petitioner in bearing old S.No.358/1, New S.No.358/3 admeasure 1 acre of land situated in Ramanaicken Palayam Village, Attur Taluk, Salem District belongs to the petitioner.

For Petitioner : Mr.A.Rajakumar For Respondents : Mrs.P.Rajalakshmi Additional Government Pleader

ORDER

Mrs.P.Rajalakshmi, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has come up with this writ petition seeking a direction to the respondents 2 and 3 to consider her representation dated 17.01.2018, based on the proceedings of the first respondent dated 13.02.2018.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 17.01.2018 to the first respondent, for issuance of patta in her favour. On receipt of the same, the first respondent vide proceedings dated 13.02.2018, has directed the respondents 2 and 3 to issue patta in favour of the petitioner, but, the same has not been considered by the respondents 2 and 3. Hence, the petitioner is before this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that the respondents 2 and 3 would consider the representation of the petitioner, on the basis of the proceedings of the first respondent and pass orders on merits and in accordance with law.

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, without going into the merits of the case, directs the respondents 2 and 3 to consider the petitioner's representation dated 17.01.2018 and pass appropriate orders, on merits and in accordance with law and also in the light of the proceedings of the first respondent dated 13.02.2018 after affording due opportunity of personal hearing to the petitioner as well as any other interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ms To

1. The District Collector, Collectorate, Salem District,Salem -1.

2. The Revenue Divisional Officer, Attur Taluk, Salem District.

3. The Tahsildar, Taluk Office, Attur Town, Salem District.

+1cc to Mr.A.Rajakumar, Advocate, S.R.No.70453 +1cc to the Government Pleader, S.R.No.71063 W.P.No.26760 of 2018 GJII(CO) CS/29/10/2018