T.Lakshmi, v. The Tahsildar,
W.P(MD)No.1276 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P(MD)No.1276 of 2019 T.Lakshmi ... Petitioner vs.
The Tahsildar, Sattur Taluk, Virudhunagar District.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondent to consider the representation of the petitioner dated 19.06.2018 sent through her counsel and consequently direct the respondent to issue patta to the petitioner by subdivided the property in survey No.41/1 of Karisalpatti Village, Sattur Taluk, Virudhunagar District, within the time stipulated.
For Petitioner : Mr.C.M.Arumugam For Respondent : Mr.K.Mu.Muthu Additional Government Pleader
ORDER
Mr.C.M.Arumugam, learned counsel on record for writ petitioner is before this Court.
2. Mr.K.Mu.Muthu, learned Additional Government Pleader, accepts notice on behalf of the respondent.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 19.06.2018 wherein the issue of patta has been sought.
5.Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 19.06.2018. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.1276 of 2019
6. Learned State counsel submitted that the respondent is the authority who shall consider the aforementioned representation dated 19.06.2018 made by the writ petitioner ( page No.29 of the typed set of papers forming part of the case file).
7. It is made clear that in the course of the representation being considered by the respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.
8. The aforesaid representation dated 19.06.2018 shall be disposed of by the respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight weeks from the date of receipt of a copy of this order.
9.The proceeding / order of disposal shall be communicated by the office of the respondent to the writ petitioner under due acknowledgement within seven working days from the completion of aforesaid exercise.
10. Instant Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To The Tahsildar, Sattur Taluk, Virudhunagar District.
+1 CC to SPL GP SR-85616.
+1 CC to Mr.C.M.ARUMUGAM, Advocate SR-85789.
W.P(MD)No.1276 of 2019 CS(30.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2