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Madras High CourtWP(MD)/14002/2019disposed of

B.Krishnamoorthy, v. The District Collector,

2019-06-21Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.14002 of 2019 B.Krishnamoorthy

...Petitioner

-Vs1. The District Collector, Thanjavur District, Thanjavur.

2. The Revenue Divisional Officer, Kumbakonam,

3. The Settlement Officer cum Tahsildar, O/o.Tamil Nadu Inam Estates (Abolition and Conversion of Ryotwari) Lands (Act 26 of 1963),

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 3rd respondent to issue house site joint patta for petitioner's property Door No.125/43, South Street, Thirubuvanam, Thanjavur District (Survey Number 520/1, Thiruvidaimaruthur, Thirubuvanam Town Panchayat) by considering his representation dated 23.01.2009. For Petitioner : Mr.M.S.Suresh Kumar For Respondents : Mr.B.Bhagawathi, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 3rd respondent to issue house site joint patta for petitioner's property Door No.125/43, South Street, Thirubuvanam, Thanjavur District (Survey Number 520/1, Thiruvidaimaruthur, Thirubuvanam Town Panchayat) by considering his representation dated 23.01.2009.

2.Heard Mr.M.Suresh Kumar, the learned counsel appearing for the petitioner and Mr.B.Bhagawathi, learned Government Advocate appearing for the respondents.

3.It is the claim of the petitioner that in S.No.520/1 at Thiruvidaimaruthur, Thirubuvanam Town Panchayat, Thanjavur District, the petitioner and his forefathers had been in possession and enjoying the same by constructing a dwelling house. Being a natham land, the petitioner wants patta for the said land, where, he is in occupation and in this regard, he had given representation on 23.01.2019 to the 1st respondent District Collector and the same since has not so far been considered, the petitioner is before this Court.

4.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said request of the petitioner would be considered by the 3rd respondent on merits and a final order to that effect would be passed, within a time stipulated by this Court.

5.Considering the limited scope of the writ petition, this Court, with the consent of both sides, dispose of this writ petition , at the admission stage itself, with the following direction:

The 3rd respondent is hereby directed to consider the request of the petitioner dated 23.01.2019 and take a decision and pass 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.

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

Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS ) Arul To

1. The District Collector, Thanjavur District, Thanjavur.

2. The Revenue Divisional Officer, Kumbakonam,

3. The Settlement Officer cum Tahsildar, O/o.Tamil Nadu Inam Estates (Abolition and Conversion of Ryotwari) Lands (Act 26 of 1963), +1CC TO M/S.SPECIAL GOVERNMENT PLEADER, SR.NO.70978 +1CC TO M/S.M.S.SURESH KUMAR, ADVOCATE, SR.NO.70411 Order made in W.P.(MD)No.14002 of 2019 Dated:

21.06.2019 BUC(02/07/2019)3P/6C