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Madras High CourtWP(MD)/16692/2015disposed of

C.Saravanan, v. The District Collector

2015-09-15Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.16692 of 2015 C.Saravanan

...Petitioner

Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildhar, Manachanallur Taluk, Trichy District.

...Respondents

This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to issue patta to the petitioner on considering the petitioner's representation, dated 19.08.2015 within a period stipulated by this Court.

For petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.V.Pandi, Government Advocate

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to issue patta to the petitioner by considering the petitioner's representation, dated 19.08.2015 within a stipulated period.

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

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

4. The case of the petitioner is that the father of the petitioner got assignment from the Government in respect of the property measuring to an extent of 1884 sq. ft. in Survey https://hcservices.ecourts.gov.in/hcservices/

No.597/19 in Devimangalam Village, Thatha Mangalam Village Majara, Manachanallur Taluk, Trichy District. On the basis of the assignment, revenue records are standing in the name of the petitioner's father. After expiry of limitation as contemplated in the assignment, the petitioner's father executed a gift settlement deed in favour of the petitioner on 01.06.2015. From that date onwards, the petitioner and his father are in peaceful possession and enjoyment of the above said property. While the matter stood thus, the petitioner made representation to the respondents on 16.07.2015to issue patta in favour of the petitioner. Since the same was not considered, the petitioner made another representation on 19.08.2015. The same was also not considered by the respondents so far. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the Writ Petition, this Court directs the petitioner to give a fresh representation to the third respondent within a period of two weeks from the date of receipt of a copy of this order, along with a copy of this order and on receipt of the same, the third respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law by affording an opportunity of hearing to all the necessary parties, within a period of four weeks thereafter. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner and it is for the third respondent to consider the same purely on merits.

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

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Trichy District, Trichy. 2.The Revenue Divisional Officer, Lalgudi, Trichy District. 3.The Tahsildhar, Manachanallur Taluk, Trichy District. +1cc to Mr.R.Shankar Ganesh, Advocate Sr.No.54668 +1cc to Spl.GOvernemnt Pleader Sr.No.54790 pm AA/JGB/05.10.2015/2p-6c W.P(MD).No.16692 of 2015 15.09.2015 https://hcservices.ecourts.gov.in/hcservices/