Madras High CourtWP(MD)/17268/2015disposed of

Palaniappan, v. The District Collector,

2015-09-23Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.17268 of 2015 Palaniappan ...Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildhar, Dindigul West Taluk, Dindigul. ...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 for the property in Survey No.1024/5 in Akaram Village, Dindigul West Taluk, admeasuring 2025 sq. ft. by considering the representation of the petitioner, dated 07.05.2015 within the time frame that may be stipulated by this Court. For petitioner : Mr.S.C.Herold Singh For Respondents : Mr.S.Kumar, Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to issue patta to the petitioner for the property in Survey No.1024/5 situated at Akaram Village, Dindigul West Taluk, admeasuring 2025 sq. ft. by considering the representation of the petitioner, dated 07.05.2015 within a stipulated time.

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

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

4.In the affidavit it has been averred that the property comprised in Survey No.1024/5 situated at Akaram village, Dindigul West Taluk was in possession and enjoyment of the petitioner's grandparents. After their demise, the said property was occupied by the petitioner's parents. From time immemorial, they are in possession and enjoyment of the same without any hindrance. They have also constructed a small house in the said land. The petitioner is paying house tax and electricity connection bearing No.21101092 was also provided to the said property. While the matter stood thus, the petitioner made a representation to the second respondent on 07.05.2015 to grant patta in favour of the petitioner. Since the same was not considered so far, the petitioner has come forward with the present Writ Petition for the above stated relief. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the submissions made by the learned counsel for the petitioner, this Court directs the second respondent to consider the representation of the petitioner, dated 07.05.2015 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 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 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(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildhar, Dindigul West Taluk, Dindigul.

+1cc to M/s.S.C.Herold Singh, Advocate in SR.No.56095 +1CC to the Special Government Pleader, in SR.No.56665 W.P(MD).No.17268 of 2015 23.09.2015 pm PBK/GSV-PM 08/10/2015 ::2P-5C::

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