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Madras High CourtWP(MD)/12648/2021disposed of

Ganesan.K v. The District Collector

2021-07-27Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.12648 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12648 of 2021 K.Ganesan

...Petitioner

Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Kayathar Taluk, Thoothukudi District.

.... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to grant patta in the name of petitioner and his brother K.Arunachalam to the land situated in Survey No.494/1, to an extent of 25 cents at Kayathar Village and Taluk, Thoothukudi District, by considering the representation, dated 21.04.2021. For Petitioner : Mr.S.Vikram For Respondents : Mr.R.Sureshkumar Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the third respondent to consider the representation made by the petitioner on 21.04.2021, wherein, the petitioner has sought for issuance of patta in his name and in the name of his brother with respect to the subject property.

2. The case of the petitioner is that the subject property originally belonged to his grandfather through a registered sale deed, dated 09.09.1938. Subsequently, the petitioner and his brother became entitled to the property and they are in possession and enjoyment of the same. The petitioner made an application / representation before the respondents on 21.04.2021 seeking for issuance of patta in the name of the petitioner and his brother. Since the same was not acted upon, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.S.Vikram, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12648 of 2021

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the third respondent to consider the representation made by the petitioner on 21.04.2021 and deal with the same on its own merits and in accordance with law after affording opportunity to the petitioner and his brother and pass orders within a period of six weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order.

6. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Kayathar Taluk, Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-24194[F] dated 28/07/2021 ) W.P.(MD).No.12648 of 2021 27.07.2021 CM(CO) KB(03.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2