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Madras High CourtWP(MD)/16540/2017disposed of

I.Karuppaiah, S/O.Iyyavoo v. The District Collector

2017-09-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16540 of 2017 and W.M.P(MD).No.13177 of 2017 1.Karupaiah 2.I.Dhanam 3.I.Raja

...Petitioners

-Vs1. The District Collector, Madurai.

2. The Tahsildar, Madurai North Taluk, Madurai.

3. The Commissioner, Madurai City Municipal Corporation, Madurai.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioners dated 25.07.2010 and 15.02.2014 with regard to grant of Patta to the petitioners for the land situated in Survey No.80/1A in Thallakulam Village, Sambakulam Ulkadai, Madurai North Taluk, Madurai District. For Petitioners : Mr.R.Govindaraj For Respondents 1&2 : Mr.A.Muthukaruppan, Additional Government Pleader.

For Respondent 3 : Mr. R. Murali

ORDER

The prayer in the Writ Petition is for issuance of a Writ of Mandamus directing the respondents to consider and pass orders on the representation of the petitioners dated 25.07.2010 and 15.02.2014 with regard to grant of Patta to the petitioners for the land situated in Survey No.80/1A in Thallakulam Village, Sambakulam Ulkadai, Madurai North Taluk, Madurai District. 2.Heard Mr.R.Govindaraj, learned counsel appearing for the petitioners and Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel for the petitioners would submit that the representation of the petitioners has been pending for the

past five years and the respondents have to pass orders in accordance with law.

4.The learned Additional Government Pleader for the respondents, on instructions, would submit that the petitioners are entitled for two cents only and they are in possession of Natham land in Corporation area and the petitioners claim patta for 25 cents. If a fresh representation is given by the petitioners, the respondents would consider the same. 5.In the light of the above facts, without going into the merits of the case, the petitioners are directed to give a fresh representation to the respondents 1 and 2 enclosing a copy of this order within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the respondents 1 and 2 shall consider the same and pass appropriate orders on merits and in accordance with law, after providing opportunities to necessary parties within a period of four months therefrom. 6.With the above directions, this Writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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

1. The District Collector, Madurai.

2. The Tahsildar, Madurai North Taluk, Madurai.

3. The Commissioner, Madurai City Municipal Corporation, Madurai.

+1cc to Mr.R.Govindaraj, Advocate Sr.No.78871 +1cc to Mr.R.Murali, Advocate Sr.No.78980 +1cc to Spl.Government Pleader Sr.No.79045 DSS/MSA VB/KK/SAR1/06/10/2017/2P/7C W.P.(MD)No.16540 of 2017 and https://hcservices.ecourts.gov.in/hcservices/ W.M.P(MD).No.13177 of 2017 14.09.2017