Madras High CourtWP(MD)/14285/2017disposed of

S.Prakasam, v. The District Collector,

2017-08-01Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.14285 of 2017 S.Prakasam ... Petitioner Vs.

1. The District Collector District Collector Campus, Virudhunagar District, Virudhunagar.

2. The Tahsildar, Kariapatti Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to consider the petitioner's representation dated 21.03.2017.

For Petitioner : Mr.A.Kuttijegan For Respondents : Mr.C.Selvaraj, Special Government Pleader ******

O R D E R

This writ petition has been filed, seeking a Writ of Mandamus to direct the 2nd respondent to consider the petitioner's representation dated 21.03.2017.

2. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that his father is an agriculturist and he has self acquired properties in Thoduvampatti Village and Sooranpatti Village and died on 10.01.2003. Subsequently, the petitioner and his brother were enjoying the property by way of Partition deed dated 27.07.1978 and the petitioner approached the respondents for issuance of patta. But the respondents have not taken any action. Therefore, the petitioner made a representation dated 21.03.2017 to the respondents seeking for issuance of the patta in his name and the same has not been considered so far. Hence, he is before this Court.

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4. According to the learned Counsel appearing for the petitioner, there is no rival claim or any suit pending in respect of the property before any forum.

5. Per contra, the learned Special Government Pleader appearing for the respondents would submit that if a reasonable time is granted to the respondents, appropriate orders will be passed on the representation of the petitioner.

6. In view of the above submission and also 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 21.03.2017 and pass appropriate orders on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To:

1. The District Collector District Collector Campus, Virudhunagar District, Virudhunagar.

2. The Tahsildar, Kariapatti Taluk, Virudhunagar District.

+1cc to Mr.A.Kuttijegan, Advocate Sr.No.69110 +1cc to Spl.Government Pleader Sr.No.70190 RM/AR VB/MR/KKR/SAR4/11/08/2017/2P/5C W.P(MD)No.14285 of 2017 01.08.2017 https://hcservices.ecourts.gov.in/hcservices/