S.Ponraj, S/O. Srinivasan, v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.13057 of 2017 S.Ponraj ... Petitioner Vs.

1.The Tashildar, Kamudhi, Ramanathapuram District.

2.The Sub-Collector, Paramakudi, Ramanathapuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider the representation dated 01.07.2017 by petitioner and pass order within time stipulated by this Court. For Petitioner : Mr.R.Ramadurai For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

The petitioner seeks for a direction to the first respondent to consider his representation dated 01.07.2017. 2.Mr.C.Selvaraj, learned Special Government Pleader takes for the respondents. By consent, this Writ Petition is taken up for final disposal at the admissions stage itself. 3.The case of the petitioner is that he purchased a property to an extent of 6-1/3 cents (2754 square feet) in old Natham S.No.177/1 (New S.No.177/16, 177/17, 177/21 and 177/22) and subsequently, he had purchased another property in S.No.177/1 to an extent of 1660-1/2 square feet along with a building at https://hcservices.ecourts.gov.in/hcservices/

Cooliepatti village, Kamuthi Taluk, Ramanathapuram District, through registered sale deeds dated 25.05.2011 and 21.04.2014. Since then, he has been possession and enjoyment of the same. 4.The petitioner would submit that since the previous vendors interfered with his possession, he filed a civil suit in O.S.No.35 of 2014 before the District Munsif-cum-Judicial Magistrate, Kamuthi for declaration and permanent injunction. The said suit was decreed on 27.08.2014. Thereafter, the petitioner sent a representation to the second respondent seeking separate patta. 5.Mr.R.Ramadurai, learned counsel appearing for the petitioner would submit that when the competent authority is the first respondent, the second respondent has considered the representation and directed the petitioner to approach the civil court, by an order dated 10.08.

2016 and the representation of the petitioner has to be considered by the first respondent . 6.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 01.07.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity of hearing to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Tashildar, Kamudhi, Ramanathapuram District.

2.The Sub-Collector, Paramakudi, Ramanathapuram District.

+One cc to Mr.R.Ramadurai, Advocate, SR.No.65697 +One cc to The Special Government Pleader, SR.No.65868 skn RL/5C/2P/KK/SAR1/7/8/2017 W.P.(MD)No.13057 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 14.07.2017