Madras High CourtWP(MD)/13989/2017disposed of

V.Lakshmi v. The District Collector

2017-07-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.13989 of 2017 V.Lakshmi ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Usilampatti Taluk, Usilampatti, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to grant patta to the petitioner in respect of land situated in survey No.76, Sempatti Village, Usilampatti Taluk, Madurai District by considering the representation of the petitioner dated 10.07.2017, in the light of G.O.(Ms).No.34, Revenue (LDI)(2)Department, dated 23.01.2008.

For Petitioner : Mr.J.Senthil Kumariah For Respondents : Mr.A.Muthukaruppan, Government Advocate

ORDER

The petitioner seeks for a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 10.07.2017, in line with G.O.(Ms)No.34, Revenue (LDI)(2) Department, dated 23.01.2008, to issue patta in her name, in respect of land in Survey No.76, Sempatti Village, Usilampatti Taluk, Madurai District.

2. Mr.A.Muthukaruppan, learned Government Advocate takes notice for the respondents.

3. By consent of both the parties, this writ petition is taken up for disposal, at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

4. According to the petitioner, she was running a tea shop in the Government Natham Promboke land to an extent of 2 cents, situated in Survey No.76, Sempatti Village, Usilampatti Taluk, Madurai District, for the past 20 years. Thereafter, she submitted a representation before the respondents dated 10.07.2017, to grant patta in her name, in respect of the aforesaid property, based on G.O.(Ms)No.34, Revenue (LDI)(2) Department, dated 23.01.2008, as she was in enjoyment and possession of the property for about 20 years. As the said representation of the petitioner has not been considered by the respondents so far, the petitioner is before this Court, with the aforesaid prayer.

5. Considering the facts and circumstances of the case, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 10.07.2017, in line with G.O.(Ms).No.34, Revenue (LDI)(2) Department, dated 23.01.2008 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 six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Usilampatti Taluk, Usilampatti, Madurai District.

+ 1 CC TO Mr.J.SENTHIL KUMARAIAH, ADVOCATE IN SR No. 68532 GK TE/MR-KKR/SAR-II : 04/08/2017 : 2P/4C W.P.(MD)No.13989 of 2017 28.07.2017 https://hcservices.ecourts.gov.in/hcservices/