Madras High CourtWP(MD)/19397/2017disposed of

T.Sivasubramanian v. The District Collector

2017-11-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.19397 of 2017 1.

T.Sivasubramanian 2.

T.Kalimuthu 3.

T.Kannan ... Petitioners -vs1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Thasildar, Srivilliputtur.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to issue joint patta in favour of the petitioners after making necessary changes in the village accounts and revenue registers within a time stipulated by this Hon'ble Court. For Petitioners : Mr.A.Sivaji For Respondents : Mr.M.Alagathevan Spl. Govt. Pleader

O R D E R

This petition has been filed, seeking a direction to the 2nd respondent to issue a joint patta in favour of the petitioners after making necessary changes in the Village Accounts and Revenue Registers.

2. Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents.

3. The case of the petitioners is that the petitioners, pursuant to the wrong classification of their land as poramboke, despite objection made, had filed a suit in O.S.No.90 of 2009 on the file of the learned Additional District Munsif Court, Srivilliputtur and the said suit was decreed in their favour on 12.06.2014. Based on the judgment, a representation was made to the 2nd respondent for issuance of a patta in favour of the petitioners and though the SubCollector, Sivakasi had passed an order dated 20.10.2016 by changing https://hcservices.ecourts.gov.in/hcservices/

the classification of the land from poramboke to punja and directed the 2nd respondent for making necessary entries in the village accounts, etc., no action has been taken thereon so far. Aggrieved by the same, the petitioner is before this Court with the above prayer.

4. The learned Special Government Pleader appearing for the respondents would submit that if a reasonable time is granted to the respondents, the claim of the petitioners would be considered and suitable orders orders be passed thereon.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents, more particularly the 2nd respondent, to consider the claim of the petitioners and pass suitable orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners and other interested parties, if any, in the light of the judgment and decree passed in O.S.Nos.90 of 2009 dated 12.06.2014 and also the proceedings dated 20.10.2016.

6. With the above direction, this petition is disposed of. No costs.

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

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Thasildar, Srivilliputtur.

+ 1 CC TO Mr.A.SIVAJI, ADVOCATE IN SR No. 90192 AR TE/SKN-RSK/SAR-3 : 19/12/2017 : 2P/4C W.P(MD) No.19397 of 2017 29.11.2017 https://hcservices.ecourts.gov.in/hcservices/