K.Selvam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.01.2019

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33873 of 2018 K.Selvan ... Petitioner Vs.

1. The District Collector, O/o. The Collectorate,

2. The Revenue Divisional Officer, Tiruppur Revenue Division,

3. The Tahsildar, Taluk Office, Tiruppur Taluk, ... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus by directing the 3rd respondent to consider the petitioner's representation dated 25.09.2018 and to make an enquiry and issue joint patta in the name of all legal heirs for the above said properties.

For Petitioner : Mr.T.K.Ashok Kumar For Respondents : Mr.E.Balamurugan Special Govt. Pleader

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 third respondent to consider his representation dated 25.09.2018.

3. According to the learned counsel for the petitioner, the petitioner's grandfather Karuppavayalan possessed the land

comprised in Survey No.34/1 & 34/2 in Chettipalayam Village, Tiruppur District and after the grandfather's demise, some persons encroached the said land. The petitioner has submitted a representation dated 25.09.2018 for issuing a joint patta in the name of the petitioner and his family members, but, the same is yet to be disposed of by the third respondent. Hence, the petitioner is before this Court.

4. Heard Mr.E.Balamurugan, learned Special Government Pleader appearing on behalf of respondents.

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 third respondent to consider the petitioner's representation dated 25.09.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice and also 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.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar jv To

1. The District Collector, O/o. The Collectorate,

2. The Revenue Divisional Officer, Tiruppur Revenue Division,

3. The Tahsildar, Taluk Office, Tiruppur Taluk, +1cc to the Government Pleader sr.4580 +1cc to M/S.T.K.Ashok Kumar, Advocate sr.3844 W.P.No.33873 of 2018 ppa[co] srg 18/02/2019