Madras High CourtWP(MD)/16162/2017disposed of

John Christopher Ponkalam, v. The District Collector

2017-08-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.16162 of 2017 John Christopher Ponkalam ... Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Sub Collector, Cheranmahadevi, Tirunelveli District.

3. The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to issue patta in favour of the petitioner regarding the property admeasuring 13 1⁄2 cents in Survey No.1856/1B2 and 45 1⁄2 cents in Survey No.1856/1B1 at Perungudi Village, Radhapuram Taluk, Tirunelveli District.

For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.G.Muthukannan, Government Advocate *****

ORDER

The petitioner seeks for a Writ of Mandamus directing the respondent to issue patta, in respect of the property admeasuring 13 1⁄2 cents in Survey No.1856/1B2 and 45 1⁄2 cents in Survey No.1856/1B1 at Perungudi Village, Radhapuram Taluk, Tirunelveli District, in his favour, by considering his representation dated 04.08.2017.

2. Mr.G.Muthukannan, learned Government Advocate, takes notice for the respondents.

3. By consent, this writ petition is taken up for disposal, at the admission stage itself.

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4. According to the petitioner, a decree has been obtained in his favour on 06.01.2017, in respect of the property admeasuring

13 1⁄2 cents in Survey No.1856/1B2 and 45 1⁄2 cents in Survey No.1856/1B1 at Perungudi Village, Radhapuram Taluk, Tirunelveli District and pursuant to the same, the possession of the property was also handed over to him. Thereafter, the petitioner approached the respondents, seeking transfer of patta in his name, in respect of the property in question, by way of representation dated 04.08.2017. As the said representation has been kept pending without any action, the petitioner is before this Court.

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 04.08.2017 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, 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(CO) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Sub Collector, Cheranmahadevi, Tirunelveli District.

3. The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

+1cc to Mr.S.R.Anbarasu, Advocate Sr.No.75016 +1cc to Spl.Government Pleader Sr.No.75063 GK VB/KK/SAR1/07/09/2017/2P/6C W.P.(MD)No.16162 of 2017 28.08.2017 https://hcservices.ecourts.gov.in/hcservices/