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Madras High CourtWP(MD)/5270/2014disposed of

Nagarajan v. The District Collector

2015-06-22Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.06.2015

CORAM

THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.5270 of 2014 Nagarajan ...

Petitioner Vs 1.The District Collector, Collectrate Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Alangudi Taluk, Pudukkottai District.

3.The Tahsildar, Alangudi Taluk, Pudukkottai District.

4.V.Dharmalingam ...

Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified mandamus call for the records relating to the impugned patta No. 2264 dated 15.06.2013 in S.F.No.203-13 at Keeramangalam North Alangudi Taluk Pudukkottai district in favour of the 4th Respondent issued by the 3rd respondent and quash the same as arbitrary and illegal and consequently direct the 3rd respondent to consider the petitioner s representation dated 07.11.2013 and issue patta to the petitioner within a reasonable time. For petitioner : Mr.R.Jegadeeswaran For R.1 to 3 : Mr.TR.Jananrdhanam Govt.Pleader For R.4 : No appearance

ORDER

The petitioner has come forward with this Writ Petition praying for a Writ of Certiorarified mandamus to call for the records relating to the impugned patta No. 2264 dated 15.06.2013 in S.F.No.203-13 at Keeramangalam North, Alangudi Taluk, Pudukkottai district in favour of the fourth Respondent issued by the 3rd respondent and quash the same as arbitrary and illegal and consequently direct the third respondent to consider the petitioner's representation dated 07.11.2013 and issue a fresh patta to the petitioner.

2. The learned counsel appearing for the petitioner would submit that the property in question belongs to his father. Instead of stating his father name in the patta, his cousin's name, namely, the fourth respondent's name has been entered in the above said patta. Aggrieved over the same, he has made a representation dated 07.11.2013, which did not evoke any response from the respondent. Hence, the petitioner is before this Court for relief stated supra.

3. Notice of motion was ordered as early as on 26.03.2014. No a counter affidavit is filed on behalf of the respondents 1 to 3 so far. There is no appearance on behalf of the fourth respondent. https://hcservices.ecourts.gov.in/hcservices/

4. Though the petitioner has prayed for a larger relief in this Writ Petition, at the time of placing his arguments, he would submit that

the representation submitted by the petitioner with regard to the issue in question shall be considered by the official respondents with all the available documents and pass appropriate orders.

5. In view of the above, without going into the merits of the case, the third respondent is directed to pass appropriate orders on the representation of the petitioner, dated 07.11.2013, on merits and in accordance with law, after giving due opportunity to the petitioner as well as the fourth respondent herein, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- The Assistant Registrar(writs) /True copy/ Sub-Assistant Registrar To 1.The District Collector,Collectrate Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Alangudi Taluk, Pudukkottai District.

3.The Tahsildar, Alangudi Taluk, Pudukkottai District.

+1cc to Mr.R.Jegadeeswaran, Advocate SR.No.33157 ssm Sm:01.07.2015:2P/5C W.P(MD).No.5270 of 2014 22.06.2015 https://hcservices.ecourts.gov.in/hcservices/