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Madras High CourtWP(MD)/14395/2018disposed of

Sanjeevi v. The District Collector

2018-07-05Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) Nos.14395, 14396, 14397, 14398, 14399, 14400, 14401, 14402, 14403, 14404, 14405, 14406, 14407, 14408, 14409, 14410, 14411 & 14412 of 2018 and W.M.P.(MD) Nos.13036, 13037, 13038, 13039, 13040, 13041, 13042, 13043, 13044, 13045, 13046, 13047, 13048, 13049, 13050, 13051, 13052 & 13053 of 2018 respectively 1.Sanjeevi : Petitioner in WP(MD)No.14395/2018 2.S.Chinnaikkal : Petitioner in WP(MD)No.14396/2018 3.M.Esakkimuthu : Petitioner in WP(MD)No.14397/2018 4.R.Kalimuthu : Petitioner in WP(MD)No.14398/2018 5.M.Manikandaprabhu : Petitioner in WP(MD)No.14399/2018 6.M.Karuppasamy : Petitioner in WP(MD)No.14400/2018 7.M.Manikandan : Petitioner in WP(MD)No.14401/2018 8.R.Marimuthu : Petitioner in WP(MD)No.14402/2018 9.R.Mariappan : Petitioner in WP(MD)No.14403/2018 10.K.

Shanmugathai : Petitioner in WP(MD)No.14404/2018 11.R.Paulsamy : Petitioner in WP(MD)No.14405/2018 12.R.Gurusamy : Petitioner in WP(MD)No.14406/2018 13.P.Rosaiah : Petitioner in WP(MD)No.14407/2018 14.K.Sankar : Petitioner in WP(MD)No.14408/2018 15.K.Muniappan : Petitioner in WP(MD)No.14409/2018 16.C.Pandaram : Petitioner in WP(MD)No.14410/2018 17.G.Senthil Kumar : Petitioner in WP(MD)No.14411/2018 18.M.Nachadalingam : Petitioner in WP(MD)No.14412/2018 -vs1.The District Collector O/o.Collector Office Virudhunagar District 2.The Thasildar Taluk Office Rajapalayam Virudhunagar District 3.

in Sweeper Colony, Seithur, Rajapalayam Taluk, Virudhunagar District by considering the petitioner's application, dated 05.02.2018 and the subsequent representation, dated 11.06.2018. For Petitioner :

Mr.R.Karunanithi (in all W.Ps.) For Respondents :

Mr.J.Gunaseelan Muthiah (in all W.Ps.) Additional Government Pleader C O M M O N O R D E R Since the issue involved in all these writ petitions is one and the same, they have been clubbed together and are being disposed of by this common order.

2. Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents.

3. By consent of both parties, these writ petitions are taken up for final disposal at the stage of admission itself.

4. It is the grievance of the petitioners that their applications dated 05.02.2018 and the subsequent representations, dated 11.06.2018 seeking for issuance of Patta in respect of their house situated at Sweeper Colony, Seithur, Rajapalayam Taluk, Virudhunagar District, have not been considered by the respondents till date and therefore, they have filed the present writ petitions.

5. This Court has not expressed any of its view with regard to the merits of the applications made by the petitioner. It is needless to point out that whenever an application of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioners' applications within a stipulated time.

6. In view of the limited prayer sought for in this writ petitions, there shall be a direction to the second respondent to consider the petitioners' applications dated 05.02.2018 and the subsequent representations, dated 11.06.2018, on its own merits and take further action in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Such an exercise shall be done after conducting enquiry and giving due opportunity to the petitioners as well as to the persons who may be interested in the subject matter.

7. It is seen that the petitioners herein have been residing in the property, for which they seek for Patta, for a considerable time. Since their applications for grant of Patta have been pending without any orders being passed, the respondents herein shall

refrain from disturbing their possession till their applications for grant of Patta are disposed of.

8. With the above directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/ Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar (IV) To:

1.The District Collector, O/o.Collector Office, Virudhunagar District.

2.The Thasildar, Taluk Office, Rajapalayam, Virudhunagar District.

3.The Executive Officer, Town Municipality, Seithur, Seithur, Rajapalayam Taluk, Virudhunagar District.

+18cc to Mr.R.Karunanithi, Advocate, SR.No. 71394 +1cc to M/s.Special Government Pleader,SR.No. 71614 W.P.(MD) Nos.14395, 14396, 14397, 14398, 14399, 14400, 14401, 14402, 14403, 14404, 14405, 14406, 14407, 14408, 14409, 14410, 14411 & 14412 of 2018 and W.M.P.(MD) Nos.13036, 13037, 13038, 13039, 13040, 13041, 13042, 13043, 13044, 13045, 13046, 13047, 13048, 13049, 13050, 13051, 13052 & 13053 of 2018 respectively 05.07.2018 KRK KK/SKN RSK/SAR-4/23.07.2018/3P-23C/