Madras High CourtWP(MD)/18983/2015disposed of

M. Muniasamy v. The Tahsildar,

2015-10-16Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.18983 of 2015 M.Muniasamy

...Petitioner

Vs.

1.The Tahsildar, Tahsildar Office, Mudhukulathur, Ramanathapuram District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.

3.The Assistant Director(Survey), Collectorate Complex, Ramanathapuram District.

...Respondents

Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the first respondent to consider the petitioner's representation, dated 31.07.2015 to issue patta for the property in Survey No.139/1A, 1B to an extent of 0.47 hectare situated at Melamudhukulathur Group - Mudhukulathur, Ramanathapuram District within a time frame which may be fixed by this Court.

For petitioner : Mr.M.Muniasamy For Respondents : Mr.M.Murugan, Government Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the first respondent to consider the petitioner's representation, dated 31.07.2015 to issue patta for the property in Survey No.139/1A, 1B measuring to an extent of 0.47 hectare situated at Melamudhukulathur Group - Mudhukulathur, Ramanathapuram District 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 for final disposal.

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4. In the affidavit it has been averred that the petitioner had purchased the property in Survey No.139/1A, 1B(Hectare 0.47.0) situated

at Thoory Village, Melamudhukulathur Group, Mudhukulathur, Ramanathapuram District from one Sanmugam, S/o.Lakshman and his brother Chandran through a registered sale deed, dated 23.03.2010. Thereafter, the petitioner had approached the first respondent to issue patta and he had also paid the necessary fees for the same.

But the respondents 1 and 2 did not take any steps to issue patta to the petitioner. Hence, the petitioner had made several representations to the respondents. But none of the representations was considered. Thereafter, he has made a representation on 31.07.2015 and the same was also not considered. Hence, he 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 first respondent to consider the representation of the petitioner, dated 31.07.2015, and pass order, on merits and in accordance with law, by affording an opportunity of hearing to the petitioner and all other necessary parties, within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Tahsildar Office, Mudhukulathur, Ramanathapuram District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.

3.The Assistant Director(Survey), Collectorate Complex, Ramanathapuram District.

+1cc to Mr.M.Muniasamy, Advocate SR.No.61895 +1cc to The Special Government Pleader, Madurai. SR.No.62119 W.P(MD).No.18983 of 2015 16.10.2015 pm NS/MP/29.10.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/