S.Muthukannuachi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.6416 of 2015 S.Muthukannuachi ... Petitioner Vs.

1. The District Collector, Thanjavur District, Thanjavur.

2. The Revenue Divisional Officer, Thanjavur.

3. The Tahsildar, Thiruvaiyaru Taluk, Thiruvaiyaru, Thanjavur District.

... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's application and pass appropriate orders granting patta to him in respect of his Shop (New).No.88 (Old No.147) bearing Survey No.545/1 an extent of 396 Sq.Ft. South Street, Thiruvaiyaru, Thanjavur District and consider his representation dated 26.02.2015, within the time frame that may be fixed by this Court. For Petitioner ... Mr. K. Guhan For Respondents ...

Mr. S. Kumar Additional Government Pleader

ORDER

The writ petition has been filed praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's application and pass appropriate orders, granting patta to him, in respect of his Shop (New).No.88 (Old No.147), bearing Survey No.545/1, to an extent of 396 Sq.Ft. South Street, Thiruvaiyaru, Thanjavur District and consider his representation dated 26.02.2015, within a stipulated time frame.

2. The petitioner is having shop in Survey No.545/1, bearing Shop (New). No.88 (Old No.147), to an extent of 396 Sq.Ft., situated at South Street, Thiruvaiyaru, Thanjavur District. According to the petitioner, the said property originally belonged to one Kannammal. Thereafter, one Seethaiammal purchased the said property, on 01.11.1971. Then, the petitioner purchased the said property from the said Seethaimmal, by sale deed dated 16.11.1992. On that day, possession of the said property was https://hcservices.ecourts.gov.in/hcservices/

handed over to the petitioner. From the date of sale agreement, the petitioner is in possession and enjoyment of the Shop (New)No.88, (Old No. 147), to an extent of 396 Sq.ft. Further, the petitioner is paying property tax and Electricity charges, till date. In such circumstances, the petitioner has given a representation dated 26.02.2015 to the respondents, for granting patta, but, there is no response. Hence, the petitioner has come forward with the present Writ Petition.

3. Heard the submissions made on either side and perused the materials on record.

4. Without going into the merits of the case, the respondents are directed to consider the representation of the petitioner, dated 26.02.2015, which was given to issue a patta for the petitioner's property viz., Shop (new).No.88(Old.No.147), bearing Survey No.545/1, to an extent of 396 Sq.ft, situated at South Street, Thiruvaiyaru, Thanjavur District, and pass appropriate orders on merits and in accordance with law, after affording a reasonable opportunity to the petitioner and also issuing notice to any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. It is made clear that this Court has not expressed any opinion with regard to merits of the case. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thanjavur District, Thanjavur.

2. The Revenue Divisional Officer, Thanjavur.

3. The Tahsildar, Thiruvaiyaru Taluk, Thiruvaiyaru, Thanjavur District.

+1cc to M/S. K.Guhan, Advocate in SR.No. 54407 TS/12.10.2015/2P - 5C SK-SKN/SAR -II W.P.(MD)No.6416 of 2015 15.09.2015 https://hcservices.ecourts.gov.in/hcservices/