N. Shanmugam v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2015 CORAM :

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.21237 of 2015 N.Shanmugam ... Petitioner Vs.

The District Revenue Officer, Collectorate,Sivagangai District, Sivagangai.

... Respondent Prayer:Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the District Revenue Officer, Sivagangai to consider the petitioner's representation dated 31.07.2015 and pass orders in the light of Civil Court orders in O.S.NO.54 of 2010 dated 10.03.2011 of the District Munsif cum Judicial Magistrate, Ilayankudi within a specified time frame that may be fixed by this Court and pass such other orders as may be deemed fit and proper in the circumstances of the case.

For Petitioner : Mr.S.Visvalingam For Respondent : Mr.M.Murugan Government Advocate

O R D E R

Mr.M.Murugan, learned Government Advocate takes notice for the respondent.

2.The petitioner seeks for a direction to the respondent to consider his representation dated 31.07.2015 and pass orders in the light of the decree granted by the Civil Court in O.S.No. 54 of 2010 on the file of the District Munsif Court, Ilayankudi dated 10.03.2011. 3.It is seen that the petitioner as the plaintiff obtained decree from the said civil court declaring his title to the property and also for permanent injunction against the District Collector, Sivagangai and the Tahsildar, Ilayankudi as party defendants. According to the petitioner, the said decree has become final and conclusive and no further appeal is filed by the defendants. Therefore, he presented a representation to the respondent for grant of patta to the said land. Since the said representation is not considered and disposed of, the present writ petition is filed before this Court.

4. Considering the above stated facts and circumstances, I direct the respondent to consider the representation of the petitioner dated 31.07.2015 and pass orders on the same on merits and in accordance with law, also by taking note of the decree granted in O.S.No.54 of 2010 dated 10.03.2011 by the District Court, Ilayankudi. Such exercise shall be done by the respondent within a period of 8 weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(co) /True copy/ Sub AssistantRegistrar https://hcservices.ecourts.gov.in/hcservices/

To The District Revenue Officer, Collectorate,Sivagangai District,Sivagangai.

+1cc to Mr.S.Visvalingam, Advocate SR.No.68119 +1cc to special Government Pleader SR.No.68178 AA:AAL-MPA:03.12.2015:2P/4C W.P(MD)No.21237 of 2015 https://hcservices.ecourts.gov.in/hcservices/