Madras High CourtWP(MD)/7548/2020disposed of

G.Krishnan v. The District Collector

2020-07-13Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.7548 of 2020 G.Krishnan ... Petitioner Vs.

1.The District Collector, O/o.The District Collector, Sivagangai, Sivagangai District.

2.The Tahsildar, Taluk Office, Thirupathur, Sivagangai District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the first and second respondent to consider the petitioner's representations dated 26.11.2012, 16.06.2014, 19.02.2018 and 24.06.2019 for seeking patta for his house in Survey No.245 to the extent of 3 cents situated at Nallakulam Village, Pathamuthur Group, Sivagangai Taluk, Sivagangai District within the stipulated time frame fixed by this Hon'ble Court. For Petitioner : Mr.S.Vanchinathan For Respondents : Mr.V.Anand, Government Advocate.

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the first and second respondent to consider the petitioner's representations dated 26.11.2012, 16.06.2014, 19.02.2018 and 24.06.2019 seeking patta for his house in Survey No.245 to the extent of 3 cents situated at Nallakulam Village, Pathamuthur Group, Sivagangai Taluk, Sivagangai District within the time stipulated by this Court.

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2.Mr.V.Anand, learned Government Advocate takes notice for the respondents.

3.By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

4.According to the petitioner, he constructed a house in Survey No.245 to an extent of 3 cents situated at Nallakulam Village, Pathamathur Group, Sivagangai Taluk, Sivagangai District and he is in possession and enjoyment of the said property for more than 15 years. The petitioner has sent several representations dated 26.11.2012, 16.06.2014, 19.02.2018, 28.05.2018 and 24.06.2019 to the first respondent, to grant patta to his house property, Since no steps have been taken so far, the petitioner has filed the present Writ Petition. 5.Mr.V.Anand, learned Government Advocate submitted that the petitioner has not submitted his application in a proper forum and further submitted that if the petitioner submits his application through proper forum, seeking for patta to his house property, the same will be considered by the authorities within the time frame to be fixed by this Court.

6.In view of the above, the petitioner is directed to submit the application through proper forum, seeking for patta to his house property, within a period of two weeks from the date of receipt of a copy of this order and on the receipt of the same, the second respondent / the Tahsildar, Thirupathur, is directed to consider the representation of the petitioner dated 24.06.2019 as well as considering the application submitted by the petitioner through proper forum, on merits and in accordance with law, within a period of four months thereafter.

7.With the above terms, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) ps 2/3

Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The District Collector, O/o.The District Collector, Sivagangai, Sivagangai District.

2.The Tahsildar, Taluk Office, Thirupathur, Sivagangai District.

Order made in W.P.(MD)No.7548 of 2020 Dated:

13.07.2020 SPU(16.07.2020) 3P 3C 3/3