K.Soundararajan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN K.Soundararajan ... Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.
2.Revenue Divisional Officer, Revenue Divisional Office, 3.The Thasildhar, Taluk Office, ... 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 speedy disposal of the third respondent recommendation in Na.Ka.No.Aa7/787/2019, dated .08.2019 regarding the petitioner's patta.
For Petitioner : Mr.PR.Boomeerajan For respondents : Mr.M.Pandiarajan Additional Government Pleader
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus directing the second respondent to dispose of the third respondent's recommendation in Na.Ka.No.Aa7/787/2019, dated 29.07.2019 regarding the petitioner's patta.
2.Heard the learned Counsel appearing for the petitioner and Mr.M.Pandiarajan, learned Additional Government Pleader, who took notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself. 3.The learned Counsel appearing for the petitioner submitted that the petitioner is the grand-son of the last Zamindar of Sivagiri Zamin namely Varaguna Ramapandia Chinna Thambiar. A Writ Petition in W.P.(MD)No.6688 of 2019 was filed by his grand-mother by name Jeyarani @ Ganapathi Muthu Senthatti Veerammal Nachiar seeking issuance of Writ of Mandamus to direct the respondents therein to issue patta to the petitioner's land bearing Survey No.27/2 and 27/3 1/3
situated at Courttalam Village, Tenkasi Taluk, Tirunelveli District. This Court vide order dated 29.04.2019 disposed of the said Writ Petition directing the respondents to pass appropriate orders within a period of twelve weeks from the date of receipt of the copy of the order. Based on the said order, the third respondent has conducted an enquiry and submitted his report to the second respondent by his communication bearing Na.Ka.Aa7/787/2019, dated ....08.2019. In such circumstances, the petitioner has come forward with the present Writ Petition seeking a direction to the second respondent for speedy disposal of the proceedings.
4.Considering the facts and circumstances, the second respondent is directed to consider the recommendation of the third respondent regarding issuance of patta to petitioner and pass appropriate orders on merits and in accordance with law, after hearing the petitioner and the persons who are 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 as expeditiously as possible without adjourning the matter beyond 15 working days at any point of time, 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 and W.P.(MD)No.13465 of 2020 dated 05.10.2020 should be followed wherever it is applicable.
5. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.Revenue Divisional Officer, Revenue Divisional Office, 2/3
3.The Thasildhar, Taluk Office, +1 CC to M/s.PR BOOMEE RAJAN, Advocate ( SR-19385[F] dated 08/10/2020 ) +1 CC to M/s.GP ( SR-19327[F] dated 07/10/2020 ) 06.10.2020 NS(CO) KK(16.10.2020) 3P 6C 3/3