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Madras High CourtWP(MD)/20263/2017disposed of

M.Palaniammal v. The Collector

2017-11-03Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.20263 of 2017 M.Palaniammal ... Petitioner Vs.

1.The Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Rajapalayam Taluk, Rajapalayam.

3.The Special Thasildar, Natham Nilavari Thittam, Rajapalayam Taluk, Rajapalayam.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to issue Patta in favour of the Petitioner in respect of the property purchased by him in old S.No. 198/2 and new T.S.No. 1 at Ward H, Block No. 10 under sale deed dated 16.06.1993 within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.K.N.Balasubramanian For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader *****

ORDER

By consent, this writ petition is taken up for final disposal at the stage of admission itself.

2. Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader takes notice for the respondents.

3. According to the petitioner, the subject mentioned property belongs to him and when he applied for patta, he came to know that the said property was mentioned as "Scheme Road" in the Town Survey Register. After some rounds of litigation, the second respondent has passed an order dated 29.06.2017, in this subject https://hcservices.ecourts.gov.in/hcservices/

matter, in favour of the petitioner. It is the specific case of the petitioner that though the second respondent has directed the third respondent to sub-divide and issue patta to the petitioner, the same was not duly compiled with by the third respondent and aggrieved thereby, the petitioner has submitted a representation dated 03.07.2017 to the third respondent and as the same is kept pending, without any action, the petitioner is before this Court.

4. The learned Additional Government Pleader, on instructions, submitted that the authorities are now inclined to pass orders on the representation of the petitioner dated 03.07.2017, on merits, within a stipulated time limit.

5. Under such circumstances, this Court, without going into the merits of the petitioner's claim, directs the respondents, more particularly the third respondent, to consider the representation of the petitioner dated 03.07.2017 and pass appropriate orders, on merits and in line with the proceedings of the second respondent dated 29.06.2017, 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.

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

Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar.

To 1.The Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Rajapalayam Taluk, Rajapalayam.

3.The Special Thasildar, Natham Nilavari Thittam, Rajapalayam Taluk, Rajapalayam.

+1CC to Mr.K.N.Balasubramanian, Advocate, SR.No. 85718 +1CC to the Special Government Pleader SR.No.85369 W.P.(MD)No.20263 of 2017 03.11.2017 https://hcservices.ecourts.gov.in/hcservices/ gk AM/MR KKR/SAR 2/14.11.2017/2P/6C