S.Alagurajan, S/O.Late Sornam v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2818 of 2018 S.Alagurajan ...

Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Sub Collector, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the third respondent to reissue separate patta to the petitioner's land in the name of the petitioner in Survey No.6/9 having extent of 0.97.44 Ares (2 Acre 40 cents) situated at Udaiyachi Group, Udaiyachi Village, Devakottai Taluk, Sivagangai District based on the petitioner's representation dated 16.01.2018 within a stipulated time framed by this Court.

For Petitioner :Mr.A.Muralikumar For Respondents :Mr.P.Kannidevan, Additional Government Pleader.

ORDER

This writ petition has been filed seeking direction to the third respondent to reissue separate patta to the petitioner's land in the name of the petitioner in Survey No.6/9 having extent of 0.97.44 Ares (2 Acre 40 cents) situated at Udaiyachi Group, Udaiyachi Village, Devakottai Taluk, Sivagangai District by considering the representation of the petitioner, dated 16.01.2018 within a stipulated time framed by this Court. 2.According to the petitioner, he is the owner of the property in Survey No.6/9 having extent of 0.97.44 Ares (2 Acre 40 cents) situated at Udaiyachi Group, Udaiyachi Village, Devakottai Taluk, Sivagangai District. Earlier, he filed a suit in O.S.No.64 of 2015 on the file of the District Munsif Court, Devakottai for declaration and injunction and the said suit was decreed in his favour. Subsequently, based on the above decree, he made an https://hcservices.ecourts.gov.in/hcservices/

application dated 04.05.2017 before the second respondent to issue patta in his name. Thereafter, the second respondent vide proceedings dated 06.10.2017 directed the third respondent to take action to reissue patta in the name of the petitioner. Since no order has been passed, the petitioner submitted a representation dated 16.01.2018 before the third respondent which is still pending. Hence, the petitioner has filed the present writ petition. 3.Considering the facts and circumstances of the case and considering the fact that the Sub Collector has already directed the third respondent to take steps to issue patta in favour of the petitioner, the third respondent is directed to consider the representation of the petitioner dated 16.01.2018 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after giving notice to the petitioner as well as to the interested parties, if any.

4.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District.

2.The Sub Collector, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District.

+1CC to Mr.A.Muralikumar, Advocate, SR.No. 48213 Writ Petition (MD) No.2818 of 2018 13.02.2018 sms AM/SV MMS/SAR 2/27.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/