Madras High CourtWP(MD)/17298/2017disposed of

Subbammal, W/O.Late.Balu v. The District Collector,

2017-09-14Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2017

CORAM:

THE HON'BLE Mr.JUSTICE K.KALYANASUNDARAM W.P(MD).No.17298 of 2017 Subbammal ... Petitioner Vs.

1. The District Collector, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, R.D.O.Office, Virudhunagar District.

3. The Tahsildar, Taluk Office Aruppukottai, Aruppukottai, Virudhunagar District .... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to issue separate Patta in the name of the petitioner for the land property with an extension of 8 1⁄2 cents in Survey No.106/2B2A and 106/2B2B situated in Kurunaikulam village, Aruppukottai Taluk, Virudhunagar District based on the petitioner's representation dated 04.09.2017 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.C.Selvaraj, Special Government Pleader

ORDER

The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the third respondent to issue separate patta in the name of the petitioner for the land property with an extension of 8 1⁄2 cents in Survey No.106/2B2A and 106/2B2B situated in Kurunaikulam village, Aruppukottai Taluk, Virudhunagar District based on the petitioner's representation dated 04.09.2017. 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.The grievance of the petitioner is that he owns 61 1⁄2 cents in S.Nos.106/2A21 and 106/2A2. The third respondent has included the names of one Ramasamy Naidu and Narayanasamy Naidu, who have

no right over the property in patta No.83. Aggrieved by the said order, the petitioner sent a representation to the third respondent on 20.07.2017. Since no favourable order was passed, the present writ petition.

4.Mr.C.Selvaraj, learned Special Government Pleader appearing for the respondents would submit that the petitioner has to prefer an appeal before the second respondent, if he is aggrieved by the order of the third respondent.

5.The learned counsel appearing for the petitioner would submit that the petitioner is ready to file an appeal before the second respondent.

6.In the light of the above facts, the petitioner is directed to prefer an appeal before the second respondent by 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 second respondent shall dispose of the said appeal and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To

1. The District Collector, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, R.D.O.Office, Virudhunagar District.

3. The Tahsildar, Taluk Office Aruppukottai, Aruppukottai, Virudhunagar District.

+ 1 CC TO MR.R.Karunanidhi, ADVOCATE IN SR No. 78719 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.79284 skn MK/JC/SAR-2/27.09.2017/2P/6C W.P(MD).No.17298 of 2017 14.09.2017