Infant Jesus And Charitable v. The Distrtict Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.16224 of 2015 Infant Jesus and Charitable Trust, Registered No.243, Rep. By Dr.Sr.M.Annai Theresita, R.I.M.P., Beschi Mooligai Thottam, Vedar Puliankulam, Madurai - 625 006. ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai South Taluk, Madurai District. ...

Respondents This Writ Petition has been filed under Article 226 of Constitution of India praying for a Writ of Mandamus directing the second respondent to consider the petitioner's representation, dated 13.08.2015 and issue patta in the name of Infant Jesus and Charitable Trust in bearing Survey No.120/2, 120/3, 120/5, which is total extent as 6 1⁄4 acres and the same is situated at Beschi Mooligai Thottam, Vedar Puliankulam, Madurai - 625 006 within the time limit that may be stipulated by this Court. For petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.M.Murugan, Government Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the second respondent to consider the petitioner's representation, dated 13.08.2015 and issue patta in the name of Infant Jesus and Charitable Trust in Survey No.120/2, 120/3, 120/5 measuring to an extent of 6 1⁄4 acres situated at Beschi Mooligai Thottam, Vedar Puliankulam, Madurai - 625 006 within a stipulated time.

2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

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

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4.The case of the petitioner is that the petitioner is the Senior Executive Administrator in the Infant Jesus and Charitable Trust for the past 35 years. The main object of the above said Trust is to serve the poor and needy people and the Trust is having many Educational Institutions such as colleges, Community Colleges, Technical Institutions, Schools, Hospitals, Dispensaries and Animation Centre throughout India. It is further averred that the petitioner completed Sidha Medicine Course and became Doctor as R.I.M.P and set up small medical centre and dispensaries and gave medicine to poor people . On the effective service to the poor people, the Vedar Puliankulam Panchayat, Madurai donated the above said vacant land in the year 1977 by passing a resolution.

Thereafter, the petitioner obtained electricity service connection in the year 1988 and he has been paying the electricity charges till today. To get patta for the above said land, the petitioner made representation on 13.08.2015 before the respondents. Since, the same was not considered so far, the petitioner has come forward with the Writ Petition for the above stated relief.

5. Considering the submission made on either side, without going into the merits of the matter, this Court directs the second respondent to consider the representation of the petitioner, dated 13.08.2015 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, by affording an opportunity of hearing to all the necessary parties. It is made clear, this Court has not expressed any opinion on the merits of the claim made by the petitioner and it is for the second respondent to consider the same purely on merits.

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

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Madurai South Taluk, Madurai District. +one cc to The Special Government Pleader, SR.No. 52909 W.P(MD).No.16224 of 2015 08.09.2015 CSL/NGM-SS/SAR-I/28.09.2015 2p/4c https://hcservices.ecourts.gov.in/hcservices/