V.Selvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN V. Selvam ... Petitioner Vs.

1.The District Collector, Pudukottai District, Pudukottai.

2.The Thasildhar, Manamelkudi Taluk, Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to issue patta to the petitioner in respect of S.No.167 to an extent of 0.020.0 Ares out of 0.85.0 Ares in Manamelkudi Village, Manamelkudi Taluk, Pudukottai District and to effect the mutation of revenue records by considering the petitioner's representation, dated 19.06.2019.

For Petitioner : Mr. M. Karthikeya Venkatachalapathy 1/5

For respondents : Mr.P. Kannithevan Additional Government Pleader

ORDER

This writ petition has been filed for issuance of a direction to the second respondent to issue patta to the petitioner in respect of the land in S.No.167 to an extent of 0.020.0 Ares out of 0.85.0 Ares in Manamelkudi Village, Manamelkudi Taluk, Pudukottai District and to effect the mutation of revenue records by considering the petitioner's representation, dated 19.06.2019.

2. Mr. P. Kannithevan, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. The petitioner has submitted his representation, dated 19.06.2019 to the respondents, in order to issue patta in respect of the land in Survey No.167 to an extent of 0.20.0 Ares. But, the said representation was not considered so far. In such circumstances, the petitioner has come forward with the present Writ Petition.

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4. Considering the facts and circumstances, the second respondent is directed to consider the representation of the petitioner, dated 19.06.2019 and pass appropriate orders on merits and in accordance with law, after hearing the petitioner and the persons who will likely to be affected. In case of issuance of patta, survey needs to be conducted and the said survey shall be photographed and videographed in the presence of the petitioner and the persons who are likely to be affected and the costs of photograph and Videograph to be borne by the party seeking patta. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not decided the rights of the parties in the present Writ Petition. It is open to the respondents to decide the same. The directions given in W.P(MD).No.7746 of 2020 batch, dated 23.09.2020 should be followed wherever it is applicable.

5. With the above direction, the writ petition is disposed of. No costs.

05.10.2020 Index : Yes / No Internet : Yes / No trp 3/5

To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Thasildhar, Manamelkudi Taluk, Pudukottai District.

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S. VAIDYANATHAN, J., trp 05.10.2020 5/5