Rengan, M. v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.19144 of 2015 Rengan.M.

... Petitioner Vs.

1. The District Collector, Trichy.

2. The Revenue Divisional Officer, Srirangam Revenue Division, Srirangam, Trichy District.

3. The Tahsildar, Manaparai, Trichy District.

... Respondents This Writ Petition has been filed under Article 226 of Constitution of India praying for a Writ of Mandamus, directing the second respondent to consider petitioner's representation, dated 05.10.2015 within a time stipulated by this Court. For petitioner : Mr.P.Ammavasai For Respondents : Mr.S.Kumar Addl. Govt. Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus, directing the second respondent to consider petitioner's representation, dated 05.10.2015.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up for final disposal.

4. In the affidavit filed in support of the Writ Petition, it has been averred that the petitioner is in possession of land measuring 1.41.5 hectares in Survey No.22/3 of Puduvadi Village, Manaparai Taluk, Trichy District. The said land and its patta stood in the name of petitioner's mother Meenakshiammal. The petitioner's mother died on 14.07.2014 leaving the petitioner and his sister Karupayi as legal heirs. The UDR patta No.303 relating https://hcservices.ecourts.gov.in/hcservices/

to survey No.22/3 stood in the name of Meenakshiammal. While so, one Kumaran, son of Arumugam Kattani (late), Muddukapati Village had by forgery got his name entered in the Patta No.303 by adding survey No.22/1, but no notice was issued to the petitioner. The petitioner came to know about the same when he had obtained copy of Joint Patta No.303 from the third respondent. In fact the petitioner is doing agriculture in survey No.22/3 and after the entry of the name of Kumaran in the Joint Patta, his possession was illegally challenged by the said Kumaran. Hence, the petitioner has made a representation on 05.10.2015 for issue of patta in his name as well as in the name of his sister Karupayi after deleting the name of the said Kumaran. Since the same was not considered till date, the petitioner has come forward with this Writ petition for the above stated relief.

5. Considering the facts and circumstances of the case, without going into the merits of the case, this Court directs the third respondent to consider the petitioner's representation dated 05.10.2015 and pass appropriate orders on the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order by affording an opportunity of hearing to the said Kumaran and also to other necessary parties. It is made clear that this Court is not expressing any opinion on the merits of the claim made by the petitioner, and it is for the third respondent to decide the claim of petitioner purely on merits.

6. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichy.

2. The Revenue Divisional Officer, Srirangam Revenue Division, Srirangam, Trichy District.

3. The Tahsildar, Manaparai, Trichy District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 62534 AM TE/GSV-PM/ : 04/11/2015 : 2P/5C W.P(MD).No.19144 of 2015 26.10.2015 https://hcservices.ecourts.gov.in/hcservices/