G.R.D. Trust, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19584 of 2017 G.R.D.Trust Kalaikadhir Buildings, 963-Avinashi Road, Coimbatore - 641 037, Rep. by its Managing Trustee Dr.D.Padmanaban ... Petitioner Vs.
1.The District Collector, Tirunelveli - 9, Tirunelveli District.
2.The Tahsildar, Taluk Office, Tenkasi, Tirunelveli District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue patta to the land belonging to the petitioner trust situate at S.No. 977/1B1B & S.No. 977/1B1A measuring 50 cents and in 977/1A measuring 2.60 acres both situate in Thirumalaikolundhupuram, KambaneriPudukkudi Village, Tenkasi Taluk, Kadaiyanallur Sub- Registration Tirunelveli District, within a stipulated time that may be fixed by this Hon'ble Court by considering the petitioner trust representation dated 11.09.2017. For Petitioner : Mr.I.Abrar Mohammed Abdullah For Respondents : Mr.M.Alagathevan, Special Government Pleader *****
ORDER
By consent, this writ petition is taken up for final disposal at the stage of admission itself.
2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents.
3. According to the petitioner-trust, the subject mentioned property belongs to them, whereas, some third parties are interfering with their peaceful possession and in this regard W.P https://hcservices.ecourts.gov.in/hcservices/
(MD)No.5740 of 2016 came to be filed, whererin, this Court has also granted an order of status quo on 23.03.2016. The petitioner-trust has also initiated separate suit proceddings before the Civil Court and it is their specific contention that as the patta for the aforesaid property stands in the name of their vendor, they gave a representation before the authorities seeking patta in their name and as the same is kept pending, without any action, the petitioner-trust is before this Court for the aforesaid relief.
4. The learned Counsel for the petitioner-trust submitted that it would be suffice if their representation dated 11.09.2017 is disposed of by the authorities, in the manner known to law, within a stipulated time limit, for which, the learned Special Government Pleader has no serious objections.
5. Under such circumstances, this Court, without going into the merits of the petitioner's claim, directs the respondents, more particularly the second respondent, to consider the representation of the petitioner dated 11.09.2017, on merits and pass appropriate orders, after affording due opportunity of hearing to the petitioner and all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order. While passing orders, the respondents are directed to keep in mind the pendency of the aforesaid suit proceedings.
6. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli - 9, Tirunelveli District.
2.The Tahsildar, Taluk Office, Tenkasi, Tirunelveli District.
+1cc to Mr.J.SENTHILKUMARAIAH,Advocate,SR.85282 +1cc to M/S.Special Government Pleader,SR. 85353 W.P.(MD)No.19584 of 2017 03.11.2017 GK KK/SKN RSK/SAR 4/14.11.2017/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/