E.Nagarajan, S/O.Eswarapillai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.15856 of 2017 E.Nagarajan ... Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Sub Collector, Cheranmahadevi,

3. The Thasildhar, Radhapuram Taluk, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 05.06.2017 and pass orders on merits by issuing the patta in his name in respect of the lands owned by him in 829/1A, 1C, 829/2, 831/1, 2, 3, 4, 832/89, 9A, 10, 11A, 11C and 833/2 and 3, situated in Urumankulam village, Radhapuram Taluk, Tirunelveli District. For Petitioner : Mr.H.Arumugam For Respondents : Mr.G.Muthukannan Govt. Advocate

O R D E R

The petitioner seeks for a direction to the respondents to consider his representation dated 05.06.2017 and pass orders on merits by issuing patta in his name in respect of the lands owned by him in 829/1A, 1C, 829/2, 831/1, 2, 3, 4, 832/89, 9A, 10, 11A, 11C and 833/2 and 3, situated in Urumankulam village, Radhapuram Taluk, Tirunelveli District.

2.Mr.G.Muthukannan, learned Government Advocate takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.The petitioner would state that he is the absolute owner of the lands to an extent of 17.59 Acres in S.No.829/1A, 1C, 829/2, 831/1, 2, 3, 4, 832/89, 9A, 10, 11A, 11C and 833/2 and 3, situated at Urumankulam village, Radhapuram Taluk, Tirunelveli District and he purchased the said lands through a registered sale deed dated 03.03.2010.

4.The petitioner would further state that since the date of purchase he has been in possession and enjoyment of the property and electricity service connection in S.C.No.151 is also provided to the Well situated in the above property. Based on the sale deed, he gave a representation dated 05.06.2017 to the respondents to issue patta. Since no order has been passed, the present writ petition.

5.The learned Government Advocate appearing for the respondents would submit that no representation is pending before the respondents and if the petitioner gives a fresh representation to the third respondent/Tashildar, he is ready to consider the same.

6.Considering the limited scope of the prayer sought for by the petitioner and considering the submission of the learned Government Advocate, the petitioner is directed to approach the third respondent and submit a fresh representation within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the third respondent shall consider the same and pass orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of eight weeks thereafter.

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

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Sub Collector, Cheranmahadevi,

3. The Thasildhar, Radhapuram Taluk, +1cc to Mr.H.Arumugam, Advocate Sr.No.74328 SKN VB/MR/KKR/SAR1/11/09/2017/3P/5C W.P.(MD)No.15856 of 2017 23.08.2017