Madras High CourtWP(MD)/5250/2015disposed of

K.Stephenraj v. The Revenue Divisional Officer

2015-04-09Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. (MD) No.5250 of 2015 and M.P.(MD) No.1 of 2015 K.Stephenraj rep.by his Power Agent K.Ranjani ... Petitioner -vs1.The Revenue Divisional Officer Musiri, Trichy District 2.The Tahsildar Thuraiyur Trichy District ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to issue a Patta to the petitioner's brother K.Stephenraj for 11 Cents, situated in Kottapalaiyam (East), Vallaiyapatti Village, Survey No.284/12 (as per UDR 91/12) in Thuraiyur Taluk, Trichy District.

For Petitioner : Mr.N.Anandakumar For Respondents : Mr.S.Chandrasekar, Govt.Advocate

O R D E R

Mr.S.Chandrasekar, learned Government Advocate, takes notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The prayer in the writ petition is for issuance of a writ of mandamus to direct the respondents to issue Patta to the petitioner's brother K.Stephenraj, in respect of the land comprised in Survey No.284/12 (as per UDR 91/12) of Kottapalaiyam (East), Vallaiyapatti Village Thuraiyur Taluk, Trichy District, measuring an extent of 11 Cents.

3. The learned counsel appearing for the petitioner would submit that it would suffice if the representation of the petitioner, dated 20.09.2014, is disposed of on merits and in accordance with law within a time stipulated by this Court.

4. The learned Government Advocate appearing for the respondents has no objection in considering the request of the petitioner.

5. The issue on hand is with regard to issuance of Patta. In this regard, the petitioner has already approached the authorities by way of a representation ventilating his grievances. But, the same is still kept pending. Therefore, without going into the merits of the claim made by the petitioner, the respondents are directed to pass appropriate orders https://hcservices.ecourts.gov.in/hcservices/

on the representation of the petitioner, dated 20.09.2014, on merits and in accordance with law, after giving due notice to the interested parties, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this order should not be construed as giving any positive direction to the respondents, who should pass orders depending upon the facts and circumstances of the case.

6. With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub- Assistant Registrar To:

1.The Revenue Divisional Officer, Musiri, Trichy District.

2.The Tahsildar, Thuraiyur, Trichy District.

+1cc to Mr.N.Anandakumar, Advocate in SR.No. 18609/15 +1cc to Special Government Pleader in SR.No. 18262/15 Sm:06.05.2015:2P/5C krk W.P. (MD) No.5250 of 2015 and M.P.(MD) No.1 of 2015 09.04.2015 https://hcservices.ecourts.gov.in/hcservices/