Madras High CourtWP(MD)/14433/2015disposed of

Mangaiyarkarasi v. The District Collector

2015-08-12Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.14433 of 2015 Mangaiyarkarasi ... Petitioner Vs.

1.The District Collector, Tanjavur District.

2.The Revenue Divisional Officer, Office of RDO, Tanjavur Town, Tanjavur District.

3.The Tahsildar, Tanjavur Taluk, Tanjavur District.

... Respondents The Writ Petition has been filed praying for a Writ of Mandamus directing the third respondent to issue patta in favour of the petitioner by considering the petitioner's representation, dated 23.07.2015.

For petitioner : Mr.A.Thiyagarajan For Respondents : Mr.S.Kumar, Additional Government Pleader, takes notice,

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the third respondent to issue patta in favour of the petitioner by considering the petitioner's representation, dated 23.07.2015.

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

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

4. The case of the petitioner is that the land measuring 4 cents situated in Gandhi Nagar, Nanjikottai Road, Tanjavur Taluk and District comprised in New Survey No.247/74, is originally belonged to one Mariyammal w/o. Malaiyan. The said Mariayammal https://hcservices.ecourts.gov.in/hcservices/

and the petitioner entered into a sale agreement in respect of the above said land. As per the terms of the said sale agreement, the said Malaiyan received Rs.30,000/- from the petitioner and executed a sale deed in favour of the petitioner and possession of the said property was surrendered to the petitioner. Thereafter, the petitioner made an application before the third respondent to issue patta in favour of the petitioner. The petitioner has also given a copy of the said application before the first respondent in Monday Grievance Day. Thereafter, the petitioner has also sent a detailed representation before the respondents on 23.07.2015. But none of the representations was considered so far. Hence, the petitioner has come up with this Writ Petition for the above stated relief.

5. Considering the submissions made, without considering the merits of the matter, this Court directs the third respondent to consider the representation of the petitioner, dated 23.07.2015, on merits and in accordance with law, after conducting enquiry by affording an opportunity of hearing to all the necessary parties, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case and it is for the third respondent to pass orders purely on merits.

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

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tanjavur District.

2. The Revenue Divisional Officer, Office of RDO, Tanjavur Town, Tanjavur District.

3. The Tahsildar, Tanjavur Taluk, Tanjavur District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 46347 PM TE/NGM-SS/SAR(J) 07/09/2015 2P/5C W.P(MD).No.14433 of 2015 12.08.2015 https://hcservices.ecourts.gov.in/hcservices/