← Library
Madras High CourtWP(MD)/16464/2017disposed of

P.Sundaram, S/O.Late Pitchai v. The District Collector

2017-08-31Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16464 of 2017 P.Sundaram

...Petitioner

-Vs1. The District Collector, Sivagangai, Sivagangai District.

2. The District Revenue Officer, District Collector Office Campus,

3. The Revenue Divisional Officer, Revenue Office, Sivagangai, Sivagangai District.

4. The Tahsildar, Tahsildar Office, Thirupuvanam, Sivagangai District. ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 4th respondent to issue Patta in the name of the Petitioner in Old Survey No.173/6, New Survey No.224/3 situated at Pasiyapuram, Keeladi Post, Thirupuvanam Taluk, Sivagangai District to an extent of 3 cents in light of Assignment order issued by the 4th respondent in his proceedings in H.S.D.A.1028/86 dated 30.12.1976 by considering the petitioners representation dated 11.08.2017 within a time stipulated by this Court.

For Petitioner : Mr.J.Imran Khan For Respondents 1to4 : Mr.A.Muthukaruppan Special Government Pleader

ORDER

The prayer sought for in this writ petition is for directing the fourth respondent to issue patta in favour of the petitioner based on his representation dated 11.08.2017.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. By consent of both parties the writ petition is taken up for final disposal at the stage of admission itself.

3.The petitioner would state that his father was assigned 3 cents of land in old survey No.173/6, new survey No.224/3 situated at Keeladi Post, Thirupuvanam Taluk, Sivagangai District by the Government on 30.12.1976. Since then he had been in possession of the property till he died in the year 2007.

4.The petitioner would further state that after the death of his father, he has been in possession and enjoyment of the same and he has been paying necessary tax to the authorities and he approached the respondents for issuance of patta by submitting a representation dated 11.08.2017. Since no steps were taken, the present writ petition has been filed.

5.Heard Mr.J.Imran Khan, learned Counsel appearing for the petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the respondents.

6.In the light of the above facts, this Court without going into the merits of the case, directs the respondents 2 to 4 to consider the representation of the petitioner dated 11.08.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to the necessary parties, within a period of twelve weeks from the date of receipt of copy of this order.

7.With the above direction, this writ petition is disposed of. No Costs.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai,

2. The District Revenue Officer, District Collector Office Campus,

3. The Revenue Divisional Officer, Revenue Office, Sivagangai,

4. The Tahsildar, Tahsildar Office, Thirupuvanam, Dsk AE/SV MMS/SAR1/13.09.2017/3P/5C W.P.(MD)No.16464 of 2017 31.08.2017