M.Mohamed Mansoor Hallaj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)Nos.10643 and 10644 of 2017 M.Mohamed Mansoor Hallaj Rep. by his Power Agent M.Mohamed Iqbal ... Petitioner in both petitions Vs.
1.The District Collector, Collectorate, Thanjavur.
2.The Sub Collector, O/o. The Sub Collector, Kumbagonam, Thanjavur District.
3.The District Revenue Officer, O/o. The District Revenue Officer, Thanjavur.
... Respondents in W.P(MD)No.10643/17 1.The Sub Collector, O/o. The Sub Collector, Kumbagonam, Thanjavur District.
2.The Tahsildar, O/o. The Tahsildar, Papanasam Taluk, Thanjavur District.
... Respondents in W.P(MD)No.10644/17 PRAYER in W.P(MD)No.10643/17: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondent No.2 to consider and dispose the petitioner's application dated 17.09.2016 for cancellation of Patta issued based on the document No.942/1976 and 966/1976 on the file of the Sub Registrar Office, Ayyampettai, Thanjavur District within the time frame fixed by this Hon'ble Court. PRAYER in W.P(MD)No.10644/17: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondent No.2 to consider and dispose the petitioner's application dated 08.02.2017 for cancellation of Patta transfer name entries based on the document No. 942/1976 and
966/1976 on the file of the Sub Registrar Office, Ayyampettai, Thanjavur District within the time frame fixed by this Hon'ble Court.
For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.M.Alagathevan, Special Government Pleader (In both petitions) COMMON ORDER As the issue involved in both the cases are similar in nature, they are disposed of by this common order.
2. According to the petitioner, the subject mentioned property belongs to him and some third parties, creating some forged documents had interfered with his possession. Thereafter, W.P(MD)No.19835 of 2015 came to be filed and this Court, by order dated 30.10.2015, directed the respondents to consider the representation of the petitioner and subsequent thereto, the SubRegistrar concerned, after some rounds of litigation, by proceedings dated 12.01.2016, passed an order in favour of the petitioner. But the patta which stands in the name of the third parties, has, so far, not been cancelled and hence, the petitioner has submitted several representations and finally on 17.09.2016 & 08.02.2017, respectively and the same are kept pending, without any action. Aggrieved by the same, the petitioner is before this Court, seeking a direction to dispose of his representations.
3. The learned Special Government Pleader, on instructions, submitted that the respondents are now inclined to pass orders on the representations, on merits, within a stipulated time period.
4. Under such circumstances, this Court, without going into the merits of the petitioner's claim, directs the second respondent in both the petitions, to consider the representations of the petitioner dated 17.09.2016 & 08.02.2017, respectively and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, these Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar
To 1.The District Collector, Collectorate, Thanjavur.
2.The Sub Collector, O/o. The Sub Collector, Kumbagonam, Thanjavur District.
3.The District Revenue Officer, O/o. The District Revenue Officer, Thanjavur.
4.The Tahsildar, O/o. The Tahsildar, Papanasam Taluk, Thanjavur District.
+ 1 CC TO Mr.S.M.A.JINNAH, ADVOCATE IN SR No. 82471 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 82664, 82653 GK TE/SV-MMS/SAR-II : 02/11/2017 : 3P/7C W.P.(MD)Nos.10643 & 10644 of 2017 11.10.2017