Veerpuchanaicker, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.12259 of 2017 Veerpuchanaicker .. Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Taluk Office, Aruppukkottai, Virudhunagar District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to issue patta to the petitioner for the petitioner land bearing Survey No.131/10 situated at Thammanayakkanpatti Village, Aruppukkottai Taluk, Virudhunagar District.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.C.Selvaraj, Special Government Pleader.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the second respondent to issue patta to the petitioner in respect of the land in Survey No.131/10 situates at Thammanayakkanpatti Village, Aruppukkottai Taluk, Virudhunagar District.

2.Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents.

3.By consent of both the parties, this writ petition is taken up for hearing at the stage of admission itself. 4.Heard both sides.

5.The petitioner claims ownership over the land in question, pursuant to the sale registered by a deed dated 20.12.1971. Claiming patta to be issued, the petitioner made a representation dated 06.03.2017 to the first respondent and also a representation dated 31.05.2017 to the second respondent.

https://hcservices.ecourts.gov.in/hcservices/ 6.The learned Counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated

31.05.2017, is disposed of by the second respondent as per law. 7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to consider the representation of the petitioner dated 31.05.2017, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. If any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. 8.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Taluk Office, Aruppukkottai, Virudhunagar District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.63340 +1cc to Mr.R.MURUGAPPAN Advocate in SR. No.63168 SMN JS/JC/SAR.2/11.07.2017/2P-5C ORDER MADE IN W.P(MD)No.12259 of 2017 03.07.2017 https://hcservices.ecourts.gov.in/hcservices/