Madras High CourtWP(MD)/20573/2017disposed of

Xavier, v. The District Collector,

2017-11-08Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20573 of 2017 and WMP(MD) No.16863 of 2017 Xavier ... Petitioner Vs.

1.The District Collector Karur District, Karur.

2.The Tashildar Kulithalai, Karur District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to issue free house site patta to the petitioner for his thatch -shed house situated at Survey No.241/14 (241/1), Porunthalur Village, Kulithalai Taluk, Karur District in the light of the recommendation by the second Respondent in Na.Ka.No.A4/7310/2012 dated 12.09.2012 by considering the Petitioner's representation dated 17.07.2017 to the first Respondent For Petitioner : Mr.R.Murugappan For Respondents : Mr.M.Alagathevan, Special Government Pleader ******

O R D E R

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. The case of the petitioner is that the petitioner and other persons applied for patta for the house put up at Survey No.241/1, upon which, the second respondent in his proceedings dated 12.09.2012 to the first respondent recommended to reclassify the said property from Kalam Promboke to Natham land and to issue a house site patta to them and the same has not been issued to them. Therefore, the petitioner has submitted a representation dated 17.07.2017 to the first respondent for issuance of Patta. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

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4. Considering the facts and circumstance 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 matters, directs the respondents to consider the representation of the petitioner dated 17.07.2017 in the light of the proceedings in Na.Ka.No.A4/7310/2012 of the second respondent dated 12.09.2012 and pass suitable orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner as well as other interested parties, if any.

5. With the above direction, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1.The District Collector Karur District, Karur.

2.The Tashildar Kulithalai, Karur District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 86539 +1cc to Mr.R.MURUGAPPAN Advocate in SR. No. 85855 RM JS/SV.MMS/SAR.1/21.11.2017/2P-5C W.P(MD)No.20573 of 2017 08.11.2017 https://hcservices.ecourts.gov.in/hcservices/