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Madras High CourtWP(MD)/9574/2015disposed of

V.Sivanandam v. The District Collector,

2015-09-22Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.9574 of 2015 V.Sivanandam

...Petitioner

Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Thanjavur.

3.The Tahsildar, Thiruvaiyaru Taluk, Thiruvaiyaru, Thanjavur District. ...Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for 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.98(old No.141), bearing Survey No.545/1 an extent of 240 sq. ft. South Street, Thiruvaiyaru, Thanjavur District and consider his representation, dated 26.02.2015 within the time frame that may be stipulated by this Court.

For petitioner : Mr.K.Guhan For Respondents : Mr.S.Kumar, Additional Government Pleader

ORDER

The Writ Petition has been filed by the petitioner praying for 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.98 (old No.141), bearing Survey No.545/1 an extent of 240 sq. ft. South Street, Thiruvaiyaru, Thanjavur District and consider his representation, dated 26.02.2015 within the time frame that may be stipulated by this Court.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

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

https://hcservices.ecourts.gov.in/hcservices/ 4.It is averred in the petition that the petitioner is having shop (New)No.98 (old No.141) situated in survey No.545/1 measuring to an

extent of 240 sq. ft. at South Street, Thiruvaiyaru, Thanjavur District. The said property originally belonged to one Ramarao. Thereafter, the father of the petitioner by name Veeraiah Pillai had purchased the same on 08.10.1987. Thereafter, he had executed a settlement deed in favour the petitioner. From the said date onwards, the petitioner is in possession and enjoyment of the above said property. While so, the petitioner had applied for issuance of patta before the respondents along with all the relevant documents. He had also made representation to the respondents on 26.02.2015. But there was no response. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the Writ Petition, this Court directs the petitioner to give a copy of the representation, dated 26.02.2015, to the third respondent, along with a copy of this order, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the third respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as to all the necessary parties, with regard to issuance of patta, within a period of six weeks thereafter. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar pm To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Thanjavur.

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

+one cc to Mr.K.Guhan, Advocate in SR.No.55976 +one cc to The Special Government Pleader, SR.No. 56144 W.P(MD).No.9574 of 2015 22.09.2015 CSL/AN-MP/12.10.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/