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Madras High CourtWP(MD)/19007/2015disposed of

R.Murugan v. The District Collector

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.19007 of 2015 R.Murugan

...Petitioner

Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, O/o. District Collector Office, Dindigul.

3.The Tahsildar, Natham Taluk, Dindigul District.

...Respondents

This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the third respondent to consider the petitioner's representation, dated 03.09.2015 and to grant patta to him for the land situated in Survey No.1092, Kalathupatti Village, Natham Taluk, Dindigul District.

For petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.S.Kumar, Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the third respondent to consider the petitioner's representation, dated 03.09.2015 and to grant patta to him for the land situated in Survey No.1092, Kalathupatti Village, Natham Taluk, Dindigul District.

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

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

4. In the affidavit it has been averred that the petitioner is in possession and enjoyment of the land in Survey No.1092 situated at Kalathupatti Village, Senthurai Panchayat, Natham Taluk. https://hcservices.ecourts.gov.in/hcservices/

Originally, the said land was in possession and enjoyment of one Arumugam Pillai, who is the father of Kulanthaivel Pillai. The said Kulanthaivel Pillai is none other than the petitioner's paternal grandfather. The said Arumugam Pillai planted two tamarind trees in the said land and was enjoying the yielding from the said trees. After the death of Arumugam Pillai, his son Kulanthaivel Pillai had developed the said property. During the life time of Kulanthaivel Pillai, his son Rathinam Pillai, who is the petitioner's father passed away. After the death of petitioner's father, the petitioner and his grandfather Kulanthaivel pillai were jointly enjoying the said property along with the said two tamarind trees. After the death of Kulanthaivel Pillai, the petitioner is now enjoying the said property.

Now, some third persons attempted to evict the petitioner from the above said land. Hence, the petitioner has sent a representation to the respondents on 03.09.2015 to issue patta to the petitioner in respect of the above said land. Since the said representation was not considered so far, 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 third respondent to consider the representation of the petitioner, dated 03.09.2015, and pass appropriate order, by affording an opportunity of hearing to all the 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(Per Admn) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul. 2.The Revenue Divisional Officer, O/o. District Collector Office,Dindigul.

3.The Tahsildar, Natham Taluk, Dindigul District. +1cc to Mr.K.Sudalaiyandi, Advocate Sr.No. 61600 +1cc to Spl.GOvernemnt Pleader Sr.No. 61695 Pm AA/AAL-MPA/29.10.2015/2p-6c W.P(MD).No.19007 of 2015 16.10.2015 https://hcservices.ecourts.gov.in/hcservices/