Madras High CourtWP(MD)/19333/2017disposed of

Radhakrishnan v. The District Collector

2017-10-13Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19333 of 2017 Radhakrishnan .. Petitioner Vs.

1. The District Collector, Kanyakumari District, at Nagercoil.

2. The Tashildar, Kalkulam Taluk, Kanyakumari District.

.. 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 2nd respondent to consider the online application of the petitioner dated 28.08.2017 submitted through E-Service Centre attached to the 2nd respondent's office and consequently direct the 2nd respondent to issue separate patta to the petitioner's property situated in Re.Sy.No.352/1 and pathway in Eattacode Village, Kalkulam Taluk, Kanyakumari District. For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.M.Alagathevan, Special Government Pleader

ORDER

By consent, this writ petition itself is taken up for final disposal.

2.Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents.

3.According to the petitioner, the property in Re.Sy.No.352/1 at Eattacode Village, Kalkulam Taluk, Kanyakumari District belongs to him and there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, he is enjoying possession over the same. Therefore, he has submitted an online application dated 28.08.2017, to the second respondent seeking patta in his name, in respect of the aforesaid property and as the same is kept pending, without any https://hcservices.ecourts.gov.in/hcservices/

action, the petitioner is before this Court.

4.The learned counsel for the petitioner would submit that it would be suffice, if the representation/application of the petitioner dated 28.08.2017, is disposed of, by the second respondent, as per law, within a stipulated time limit. 5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to consider the application of the petitioner dated 28.08.2017 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 eight 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(P&A) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District, at Nagercoil.

2. The Tashildar, Kalkulam Taluk, Kanyakumari District.

+ 1 cc TO Mr.K.P.Narayanakumar , Advocate in SR No. 82849 +1cc to The Special Government Pleader in SR.No.82958 gk AE/KK/SAR2/01.11.2017/2P/5C ORDER MADE IN W.P(MD)No.19333 of 2017 13.10.2017 https://hcservices.ecourts.gov.in/hcservices/