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)No.10711 of 2017 M.Mohamed Mansoor Hallaj Rep. by his Power Agent M.Mohamed Iqbal ... Petitioner Vs.

1. The District Collector, Collectorate, Thanjavur.

2. The Sub Collector, O/o. The Sub Collector, Kumbagonam, Thanjavur District.

3. The Tahsildar, O/o. The Tahsildar, Papanasam Taluk, Thanjavur District.

... Respondents PRAYER: 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 01.08.2015 for cancellation of Patta for measuring about 8 acres 59 cents instead of 5 acres and 10 cents in Survey No.350/1, Valuthur, Papanasam Taluk, 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

ORDER

This writ petition has been filed, seeking a Writ of Mandamus, directing the second respondent to cancel the patta, in respect of the property situated in Survey No.350/1, Valuthur, Papanasam Taluk, Thanjavur District, by considering his representation dated 01.08.2015.

2. According to the petitioner, they purchased the subject mentioned property and applied for patta before the revenue officials. Pursuant to the same, the officials had also issued https://hcservices.ecourts.gov.in/hcservices/

patta. On verification, the petitioner found that the total extent of land was wrongly mentioned in the patta and hence, the petitioner has submitted a representation on 01.08.2015 followed by a remainder on 21.02.2017, which were duly forwarded to the concerned authorities, but thereafter, there was no action and aggrieved by the same, the petitioner is before this Court, seeking a direction to dispose of his representation.

3. The learned Special Government Pleader, on instructions, submitted that the respondents are now inclined to pass orders on the representation, 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, to consider the representation of the petitioner dated 01.08.2015 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, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) /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 Tahsildar, O/o. The Tahsildar, Papanasam Taluk, Thanjavur District.

+ 1 CC TO Mr.S.M.A.JINNAH, ADVOCATE IN SR No. 82472 GK TE/KP/SAR-II : 25/10/2017 : 2P/5C W.P.(MD)No.10711 of 2017 11.10.2017 https://hcservices.ecourts.gov.in/hcservices/