D.Sam Packiayaselvan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2017 CORAM :

THE HONOURABLE MR.JUSTICE K. RAVICHANDRA BAABU W.P.(MD)No.11901 of 2015 D. Sam packiayaselvan ... Petitioner vs.

1) The District Collector, Kanyakumari District.

2) The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

3) Josephinfelicita Vasuki ... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 2nd Respondent to issue separate patta by deleting others name in Re.Sy.No.501/5A to the extent of 7 cents Therkku Thamaraikulam Village by considering the petitioner's representation dated 18.7.2013, 22.10.2013, 9.2.2015 and also in the light of decree and judgment passed by this Hon'ble Court in S.A.(MD)No.406/2009. For Petitioner : Mr. K.P. Narayanakumar For Respondents 1 & 2 : Mr. C. Selvaraj Special Government Pleader For Respondents 3 : No appearance

ORDER

The petitioner seeks for a mandamus directing the 2nd respondent to issue separate patta in his name in respect of the property situated in Re.Sy.No.501/5A to the extent of 7 cents Therkku Thamaraikulam Village by considering his representation dated 18.07.2013, 22.10.2013 and 09.02.2015.

2. According to the petitioner, even though he got the decree from the competent Civil Court in respect of the title to the property in his favour, the 2nd respondent has not issued separate patta, in spite of his repeated requests made with the above said representations.

3. The learned counsel for the petitioner submitted that after receipt of the summons from the Tahsildar, the petitioner has produced all the necessary documents before him so as to issue the separate patta.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Special Government Pleader for the official respondents submitted that the request of the petitioner would be

considered based on the documents filed by him within the time stipulated by this Court.

5. Accordingly, this writ petition is disposed of by directing the 2nd respondent to consider the representation of the petitioner, based on the documents already filed by him 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. No costs.

Sd/- Assistant Registrar[Writs] /True copy/ Sub Assistant Registrar To

1) The District Collector, Kanyakumari District.

2) The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

+1cc to M/S K.P.Narayanakumar,Advocate,SR.1250 +1cc to Special Government Pleader,SR.1148 RR KK-GSV-SV-23.01.17-2P-5C W.P.(MD)No.11901 of 2015 05.01.2017 https://hcservices.ecourts.gov.in/hcservices/