R.Mani, S/O Raju v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2015

CORAM:

THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.19653 of 2015 R.Mani .. Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Thuraiyur Taluk Office, Thuraiyur Trichy district.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus or any other appropriate writ or order or direction directing the 1st respondent to consider and pass orders in the interim application dated 21.08.2015 filed by the petitioner in R.C.(Na.Ka.) No.B2/4754/2007 for inspection of the property in S.F.No.176/1 and 176/2 situated at Thuraiyur Village, Thuraiyur Taluk, Trichy District as per the SLR records within a time frame. For Petitioner :

Mr.V.Karthikeyan For Respondents :

Mr.S.Kumar Addl.Govt.Pleader

O R D E R

This writ petition is filed seeking for a mandamus, directing the first respondent to consider the interim application dated 21.08.2015 filed by the petitioner for inspection of the property in S.F.Nos.176/1 and 176/2 situated at Thuraiyur Village, Thuraiyur Taluk, Trichy District as per the SLR records. 2.It is stated that the petitioner is in occupation of natham poramboke land for long number of years and consequently he sought for grant of patta. As the said request was not considered, the petitioner's father along with two others filed writ petitions before this Court in WP(MD)No.6672 of 2007 etc., for a direction to consider their representation in the light of G.O.Ms.No.854 dated 30.12.2006.

https://hcservices.ecourts.gov.in/hcservices/ 3.It is seen that an order dated 09.08.2007 came to be passed by this Court directing the District Collector, Trichy to

consider the representation of the petitioners therein in the light of G.O.Ms.No.854 dated 30.12.2006 and pass orders in accordance with law. It is stated that till this date, the said exercise has not been done by the respondents, more particularly the first respondent and therefore, the petitioner has come out with the present writ petition seeking for a direction to consider his interim application dated 21.08.2015 for inspection of the property.

4.Heard both sides.

5.When this Court has already directed the first respondent to consider the request for grant of patta in the light of G.O.Ms.No.854 dated 30.12.2006 and pass appropriate orders in accordance with law, it is for the first respondent to pass such order by following all procedures contemplated under the relevant Rules.

6.It is seen that even after a period of eight years, the said representations are not disposed of. Therefore, without loss of further time, it is for the first respondent to dispose of those representations by following due procedure and also in the light of G.O.Ms.No.854 dated 30.12.2006. While doing such exercise, if it is required, the first respondent can also make inspection of the property as sought for in this writ petition. 7.Accordingly, the present writ petition is disposed of with a direction to the first respondent to dispose of the representation seeking for grant of patta as directed by this Court in WP(MD)No.6672 of 2007 etc., within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Trichy District, Trichy. 2.The Tahsildar, Thuraiyur Taluk Office, Thuraiyur Trichy District.

+One cc to Mr.V.Karthikeyan, Advocate, SR.No.64579 +One cc to The Special Government Pleader, SR.No.64775 mj RL/5c - 5/11/2015 W.P.(MD)No.19653 of 2015 https://hcservices.ecourts.gov.in/hcservices/