Ramasamy v. The Assistant Land Survey

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.11.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.30132 of 2018 and W.MP.No.35154 of 2018 Ramasamy .. Petitioner Vs.

1. The Assistant Land Survey & Settlement Officer (South) Survey & Settlement Department, Govt., of Tamil Nadu, Survey House, Chepauk, Chennai - 600 005.

2. The Tahsildar, Dharapuram Taluk, Tiruppur District.

3. The Assistant Executive Officer, Hindu Religious & Charitable Endowments Department Tiruppur District.

.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to issue a Patta in favour of the petitioner of his 12 Acres of agricultural dry lands comprised in S.No.229 of No.58, Mulanur Village, Dharapuram Taluk, Tiruppur District. For Petitioner : Mr.E.J.Ayyappan For Respondents 1 & 2: Mr.V.Shanmugasundar Special Government Pleader For Respondent - 3 : Mr.M.Maharaja Special Government Pleader (HR & CE)

O R D E R

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 second respondent to issue a patta in his favour measuring to an extent of 12 Acres of agricultural dry lands comprised in S.No.229 of No.58, situated at Mulanur Village, Dharapuram Taluk, Tiruppur District. 3.According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 09.04.2018 for issuance of patta, but, the same is yet to be disposed of by the second respondent. However, the learned counsel submitted that it would suffice, if the said representation made by the petitioner is directed to be considered by the second respondent, on merits.

4. Heard Mr.V.Shanmugasundar, learned Special Government Pleader on behalf of respondents 1 and 2 and Mr.M.Maharaja, learned Special Government Pleader (H.R & C.E) on behalf of third respondent.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the second respondent to consider the petitioner's representation dated 09.04.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Srn/av To

1. The Assistant Land Survey & Settlement Officer (South) Survey & Settlement Department, Govt., of Tamil Nadu, Survey House, Chepauk, Chennai - 600 005.

2. The Tahsildar, Dharapuram Taluk, Tiruppur District.

3. The Assistant Executive Officer, Hindu Religious & Charitable Endowments Department Tiruppur District.

+1cc to Mr.E.J.Ayyappan, Advocate, S.R.No.78373 +1cc to the spl Government Pleader, S.R.No.78640 & 79153 W.P.No.30132 of 2018 and W.MP.No.35154 of 2018 GSP(10/12/2018)