Madras High CourtWP(MD)/10920/2017disposed of accordingly

P.Balasubramanian, v. The District Collector

2017-06-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.10920 of 2017 P.Balasubramaian : Petitioner -vs1. The District Collector, Dindigul District.

2. The Tahsildar, Athur Taluk, Chinnalapatti, Dindigul District. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to grant patta to the petitioner in respect of the Natham property situated in Natham Survey No.1/1, New Survey No.682, Keelakottai Village, Aathur, Chinnalapatti, Dindigul District, measuring about 1 cent, considering the representation of the petitioner, dated 16.05.2017 and pass such further orders. For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.M.Alaguthevan Special Government Pleader

O R D E R

The prayer sought for in this writ petition is to direct the respondents 1 and 2 to grant patta to the petitioner in respect of the property comprised in Natham Survey No.1/1 (New Survey No.682) of an extent of 1 cent, situated at Keelakottai Village, Aathur, Chinnalapatti, Dindigul, by considering the representation of the petitioner, dated 16.05.2017.

2.According to the petitioner, he has constructed a small house in Natham Survey No.1/1 (New Survey No.682), in Keelakottai Village, Aathur, Chinnalapatti, about 50 years ago and he has been living in the said property without any disturbance. So, he applied for issuance of patta in respect of the property to the 2nd respondent on 05.04.2017 as well as to the 1st respondent on 16.05.2017. Since, no action was taken, the present writ petition has been filed.

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3.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record. 4.Considering the limited scope of the prayer sought for in this writ petition and also considering the submissions made on either side, this writ petition is disposed of with a direction to the 1st respondent to consider the representation of the petitioner, dated 16.05.2017 and pass appropriate orders, purely on merits and in accordance with law, after affording opportunity of hearing to the parties concerned, within a period of eight weeks from the date of receipt of the order copy. No costs. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To,

1. The District Collector, Dindigul District.

2. The Tahsildar, Athur Taluk, Chinnalapatti, Dindigul District.

3. The Special Government Pleader, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.G.Prabhu Rajadurai, Advocate Sr.No.61515 ER VB/MR-KKR/SAR3/10.07.2017/2P/5C W.P.(MD)No.10920 of 2017 21.06.2017 https://hcservices.ecourts.gov.in/hcservices/