Anbuselvi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.12791 of 2019 Anbuselvi

...Petitioner

-Vs1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Revenue Divisional Office, Lalgudi, Trichy District.

3.The Tahsildar, Taluk Office, Lalgudi Taluk, Trichy District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 3rd respondent to issue the patta to the petitioner in respect of the Natham Survey No.410/15 to an extent of 2-3/4 cents situated at Pudur Uthamanur Village, Lalgudi Taluk, Trichy District on the basis of the petitioner's representation dated 19.01.2019 within a time frame to be stipulated by this Court.

For Petitioner : Mr.K.Vidya For Respondents : Mr.C.M.Mari Chelliah Prabhu, AGP

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 3rd respondent to issue the patta to the petitioner in respect of the Natham Survey No.410/15 to an extent of 2-3/4 cents situated at Pudur Uthamanur Village, Lalgudi Taluk, Trichy District on the basis of the petitioner's representation dated 19.01.2019 within a time frame to be stipulated by this Court. 2.Heard Mrs.K.Vidyaj, learned counsel appearing for the petitioner and Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.The petitioner has been in possession and enjoyment of the land at S.No.410/15 to an extent of 2-3/4 cents and has been constructed a house therein and residing there for the past 30 years. Since the subject land is natham land according to the petitioner, he applied for patta. However, since the same has not been considered positively, the petitioner had given a representation to that effect to the respondents on 19.01.2019. Therefore, the learned counsel for the petitioner wants that, the said representation to be considered and decided on merits, within a time frame by the respondents.

4.The learned Additional Government Pleader for the respondents would submit that, the said representation of the petitioner would be considered on merits and in accordance with law, within a time frame stipulated by this Court.

5.Considering the limited scope of the writ petition, the 3rd respondent is hereby directed to consider the representation of the petitioner dated 19.01.2019 with regard to grant of patta of natham land, after due enquiry with regard to the entitlement of the petitioner to seek patta of the land and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.With this direction, this writ petition is disposed of. No costs.

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

2.The Revenue Divisional Officer, Revenue Divisional Office, Lalgudi, Trichy District.

3.The Tahsildar, Taluk Office,Lalgudi Taluk, Trichy District.

+1 CC to M/s.C.ABUL KALAM AZAD, Advocate in SR-66974 +1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.67392 Order made in W.P.(MD)No.12791 of 2019 Dated:06.06.2019 Arul PK/12.06.2019 : 3P/6C https://hcservices.ecourts.gov.in/hcservices/