Madras High CourtWP(MD)/16720/2015disposed of

Chinnasamy, v. The Thasildar,

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.16720 of 2015 Chinnasamy ...Petitioner Vs.

The Thasildar, Vedasandur Taluk, Dindigul District. ...Respondent This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to dispose of the petitioner's representation, dated 05.03.2015 given under Patta Pass Book Act for the issuance of patta within the period that may be stipulated by this Court. For petitioner : Mr.R.Gandhi For Respondent : Mr.S.Kumar Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondent to dispose of the petitioner's representation, dated 05.03.2015, given under Patta Pass Book Act for issuance of patta within a stipulated time.

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

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

4. The case of the petitioner is that the petitioner had purchased a land measuring to an extent of 7 cents and 39 cents in Survey Nos.313/2A and 319/2A respectively at Kanapadi Village, Dindigul District from one Muthammal @ Vellaiyammal through a registered sale deed, dated 14.02.2002. From the date of purchase, the petitioner is in possession and enjoyment of the above said property. Though the petitioner had purchased the said properties in the year 2002, for a portion of the said property, patta has not been issued in favour of the petitioner. Hence, the petitioner has made a representation before the respondent to issue patta in favour of the petitioner. Since the said representation was not considered so far, the petitioner has come forward with the present Writ Petition for the above stated relief.

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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, the respondent is directed to consider the representation of the petitioner, dated 05.03.2015, and pass an appropriate order with regard to issuance of patta, on merits and in accordance with law by affording an opportunity of hearing to all the necessary parties, within a period of twelve 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 claim made by the petitioner and it is for the respondent to consider the same purely on merits. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- The Assistant Registrar(writs) /True copy/ Sub-Assistant Registrar To The Thasildar, Vedasandur Taluk, Dindigul District.

+1cc to Mr.R.Gandhi, Advocate SR.No.55129 +1cc to the special Government Pleader SR.no.54774 pm sm:JGB-DP:30.09.2015:2P/4c W.P(MD).No.16720 of 2015 15.09.2015 https://hcservices.ecourts.gov.in/hcservices/