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Madras High CourtWP(MD)/7140/2015disposed of

S. Ramakrishnan v. The Government Of Tamilnadu

2015-04-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.04.2015

CORAM

THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.7140 of 2015 S.Ramakrishnan ...

Petitioner Vs 1.The Government of Tamil Nadu, rep.by the Principal Secretary to Government Cum Commissioner of Land Administration, Secretariat, Fort.St.Geroge, Chennai-9.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Virudhunagar, Virudhunagar District.

4.The Tahsildar, Virudhunagar Town & District.

5.The Special Tahsildar, Virudhunagar.

... Respondents This Writ Petition has been filed praying for a a writ of Mandamus directing the respondents authority to conduct enquiry in respect of the request made by the petitioner for issuance of patta in the name of Sri Kaliamman Kovil Trust virudhunagar in respect of extent of 1.71 acres of land situated in survey nos. 8/1B and 8/2 co-relating to Bymash No.351 corresponding to Natham survey Nos.160 and 161 after affording due opportunity to the petitioner pursuant to his representation dated 11.12.2014, within a reasonable time period to be fixed by this Hon'ble Court. For petitioner : Mr.N.Dilipkumar For respondents : Mr.S.Bharathi Govt.Advocate

ORDER

The petitioner has come forward with this Writ Petition for the issuance of patta for the lands possessed by him.

2. Mr.S.Bharathi, learned Govt.Advocate takes notice for the respondents.

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3. By consent, this Writ Petition itself is taken up for final disposal.

4. The learned counsel appearing for the petitioner would submit that it would be suffice if the representation of the petitioner is disposed of, on merits and in accordance with law.

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

6. Though the petitioner has sought for a Mandamus for the issuance of separate patta, issuing patta is nothing but giving recognition of the lands possessed by the applicant. It is one of the essential documents for sale of the property in question. Hence, while issuing patta to the applicant, the Revenue authorities has to consider each and every aspect involved for the grant of patta, as it may very much affect the innocent owner. Hence, without going into the merits of the claim made by the petitioner in this Writ Petition, the fourth respondent is directed to pass appropriate orders, on the representation of the petitioner, dated 11.12.2014, on merits and in accordance with law, after giving notice to the interested parties and also after verifying the relevant records as on date, within a period of two months from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar ssm To 1.The Principal Secretary to Government Cum Commissioner of Land Administration, Secretariat, The Government of Tamil Nadu, Fort.St.Geroge, Chennai-9. 2.The District Collector, Virudhunagar District, Virudhunagar. 3.The Revenue Divisional Officer, Virudhunagar, Virudhunagar District.

4.The Tahsildar, Virudhunagar Town & District. 5.The Special Tahsildar, Virudhunagar.

+1cc to MR. N.DILIPKUAMR,ADVOCATE IN SR NO.24465 +1cc to Special Government Pleader Sr NO. 24771 W.P(MD).No.7140 of 2015 29.04.2015 RG.11.05.2015 2P.8C.

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