Siluvai Pitchai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2015

CORAM:

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.(MD)No.13653 of 2015 Siluvai Pitchai ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Thasildar, Nanguneri Taluk, Tirunelveli District.

... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant patta in the name of the petitioner for the property in which the petitioner is in possession and enjoyment of the land in Survey No.688 situate at Kariandi, Ramakrishnapuram Village, Nanguneri Taluk, Tirunelveli District, based on the petitioner's representation dated 04.08.2014.

For Petitioner : Mr.T.Selvan For Respondents : Mr.K.Guru, G.A.

ORDER

The petitioner has come forward with this Writ Petition to issue a Writ of Mandamus, directing the respondents to grant patta in the name of the petitioner for the petitioner's land in Survey No.688 situate at Kariandi, Ramakrishnapuram Village, Nanguneri Taluk, Tirunelveli District, based on the representation dated 04.08.2014. 2.Mr.K.Guru, learned Government Advocate takes notice for the respondents. By consent, this Writ Petition itself is taken up for final disposal.

3.The learned counsel appearing for the petitioner would submit that it would be suffice, if the representation of the petitioner is disposed of, by the respondents, on merits and in accordance with law within the time stipulated by this Court.

4.The learned Government Advocate appearing for the respondents would submit that the representation of the petitioner will be considered in accordance with law.

5.Though the petitioner has sought for a Mandamus for the issuance of patta, issuing patta is nothing but giving recognition of the lands possessed by the applicant. It is one of the essential documents for sale of the property in question. Hence, while issuing patta to the petitioner, the revenue authorities has to consider each https://hcservices.ecourts.gov.in/hcservices/

and every aspect involved for the grant of patta, as it may very much affect the innocent owner. Hence, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondents are directed to pass appropriate orders, on the representation of the petitioner, dated 04.08.2014, on merits and in accordance with law, after giving notice to the interested parties and also after verifying the relevant records as on date, within a period of six weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Thasildar, Nanguneri Taluk, Tirunelveli District.

+1cc to Mr.T.Selvam,Advocate SR.No.43473 +1cc to Special Govt.Pleader SR.No.43632 W.P.(MD)No.13653 of 2015 31.07.2015 nbj PA/JGB/AAL/SAR-II/20.08.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/