R.Ramachandran, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2018

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.21678 of 2018 R.Ramachandran .. Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, (Land Reform) (Melur Executive Magistrate), Y.Othakkadai, Madurai District.

.. Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to issue patta in favour of the petitioner herein, based on his representation dated 08.10.2018, grievance day representation dated 08.10.2018 and also earliest representation of the year 2013, in respect of the land in Survey No.165 pt to an extent of 0.72 cents, vide MRIV 94A/17.70 MDR, dated 29.12.1980 situated at Kurinji Nagar, Tiruchunai Village, Melur Taluk, Madurai District.

For petitioner : Ms.K.Malathi For respondents : Mr.A.Thiyagarajan, Government Advocate

ORDER

This writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct the first respondent to issue patta in favour of the petitioner herein in respect of certain portion of the lands in Survey No.165pt, based on his representation dated 08.10.2018.

2. The case of the petitioner is that the Special Tahsildar (Land Reforms), Madurai, vide proceedings in MRIV 94A/17-70 MDR, dated 29.12.1980, has assigned a portion of the

land in S.Nos.165pt to an extent of 0.72 cents, at Kurinji Nagar, Tiruchunai Village, Melur Taluk, Madurai District, in favour of one K.P.Pungilian and accordingly, an individual assignment order has been issued to him in the year 1981. Due to old age and for medical expenses, the said K.P.Pungilian has sold the land to the petitioner for a reasonable amount. After purchase, the petitioner has been enjoying the said lands by paying all the taxes and by doing cultivating operation. The grievance of the petitioner is that he has sent several representations to the respondents for grant of patta and the last such representation is dated 08.10.2018, but, till date the respondents did not take any action on the same. Therefore, the petitioner has come up with this writ petition.

3. Heard the learned counsel appearing for both sides.

4. The learned Government Advocate appearing for the respondents, on instruction, would submit that the representation of the petitioner, dated 08.10.2018, will be considered by the first respondent forthwith.

5. It is seen from the record that the petitioner has not submitted his representation, dated 08.10.2018, along with relevant records like, assignment order, etc. Considering the above and also considering the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the petitioner to submit a fresh representation, along with a copy of the relevant documents, to the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the first respondent shall consider the same and after giving sufficient opportunity to the petitioner, pass appropriate order on merits and in accordance with law, within a period of six weeks thereafter.

6. This Writ Petition stands disposed of accordingly. No costs.

sd/ Assistant Registrar(Crl. Side) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, (Land Reform) (Melur Executive Magistrate), Y.Othakkadai, Madurai District.

+1cc to Ms.K.MALATHI, Advocate in SR.No. 91046 gcg AE/-DS/RSK/SAR4/15.11.2018/3P/4C Order made in W.P(MD)No.21678 of 2018 23.10.2018