M. Thandapani, 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.13671 of 2015 A.Thandapani ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Thasildar, Aathur Taluk, Dindigul 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 consider the petitioner's representation dated 10.05.2015 and consequently, survey the petitioner's land by fixing the boundary in S.No.128/2A, to an extent of 1 acre 24 cents and to issue individual patta which is situated at Chinnalapatti, Keelakottai, Aathur Taluk, Dindigul District.

For Petitioner : Mr.M.Jeyaprakash For Respondents : Mr.K.Guru, AGP

ORDER

The petitioner has come forward with this Writ Petition seeking to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.05.2015 and consequently, survey the petitioner's land in S.No.128/2A, to an extent of 1 acre 24 cents at Chinnalapatti, Keelakottai, Aathur Taluk, Dindigul District by fixing the boundary and to issue individual patta.

2.Mr.K.Guru, learned Additional Government Pleader 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 Additional Government Pleader 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 separate 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 https://hcservices.ecourts.gov.in/hcservices/

issuing patta to the applicant, the Revenue authorities has to consider each 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 10.05.2015, 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, Dindigul District, Dindigul.

2.The Thasildar, Aathur Taluk, Dindigul District.

+1cc to Mr.C.M.Ganesan,Advocate SR.No.43101 +1cc to Special Govt.Pleader SR.No.43618 W.P.(MD)No.13671 of 2015 31.07.2015 nbj PA/JGB/AAL/SAR-II/20.08.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/