Madras High CourtWP(MD)/18646/2017disposed of

Sellaiyah, v. The District Collector,

2017-10-23Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18646 of 2017 Sellaiyah .. Petitioner Vs.

1. The District Collector, District Collectorate Office,

2. The District Revenue Officer, District Collectorate Complex,

3. The Revenue Divisional Officer, Srirangam Revenue Division Office, Vannang Kovil, Navalur Kottapattu,

4. The Tashildar, Marungapuri Taluk, .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 4th respondent to consider the representations of the petitioner dated 08.02.2017 and 09.08.2017 and consequently carry out the mutation in the Revenue Records including the 10(1) Chitta and issue patta as per the provisions of Tamilnadu Patta Pass Book Act, 1983 in respect of the property admeasuring 3 acres 8 cents comprised in Punjai Survey No. 139/2 situated at Ammachathiram Village, Marungapuri Taluk, For Petitioner : M/s.J.Maria Roseline For Respondents : Mr.M.Alagathevan, Special Government Pleader

ORDER

This writ petition has been filed by the petitioner, seeking a writ of mandamus, directing the fourth respondent to carry out mutation in the Revenue Records in respect of his

property admeasuring 3 acres 8 cents comprised in Punjai Survey No. 139/2 situated at Ammachathiram Village, Marungapuri Taluk, Tiruchirappalli District, based on his representations dated 08.02.2017 and 09.08.2017.

2. The case of the petitioner is that though a decree has been obtained in his favour and the title in respect of subject mentioned property stood in his name, the respondents had not carried out the mutation proceedings in the patta, chitta and other revenue records. In this regard, the petitioner has submitted a representation on 08.02.2017 followed by a remainder on 09.08.2017. As the said representations have been kept pending without any action, the petitioner is before this Court.

3. The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 09.08.2017, is disposed of, by the fourth respondent, as per law, within a stipulated time limit.

4. Heard the learned Counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the fourth respondent to consider the representation of the petitioner dated 09.08.2017 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.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector, District Collectorate Office,

2. The District Revenue Officer, District Collectorate Complex,

3. The Revenue Divisional Officer, Srirangam Revenue Division Office, Vannang Kovil, Navalur Kottapattu,

4. The Tashildar, Marungapuri Taluk, +1cc to M/s.J.Maria Roseline, Advocate Sr.No.83152 GK VB/SV/MMS/SAR2/31.10.2017/3P/6C ORDER MADE IN W.P(MD)No.18646 of 2017 23.10.2017