Madras High CourtWP(MD)/20810/2017disposed of

K.Shanmugaiah, v. The Revenue Divisional Officer

2017-11-13Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20810 of 2017 K.Shanmugaiah ... Petitioner -vs1.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

2.The Zonal Deputy Tahsildar, Kovilpatti Taluk, Tuticorin District.

3.The Tahsildar, Kayathar Taluk, Tuticorin District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to issue patta to the petitioner in respect of land situated in Survey No.236/1, Mudukkalankulam Village, Tuticorin District for an extent of 62 cents vide his representation dated 27.10.2017.

For Petitioner : Mr.K.Kulanthai Vickram For Respondents 1 to 3 : Mr.T.S.Mohamed Mohideen Addl. Govt. Pleader ******

O R D E R

This writ petition has been filed, seeking to direct the 3rd respondent to issue patta to the petitioner in respect of the land situated in Survey No.236/1, Mudukkalankulam Village, Tuticorin District to an extent of 62 cents vide his representation dated 27.10.2017.

2. Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, he has submitted a representation dated 27.10.2017 for issuance of patta to him. 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 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 3rd respondent to consider the application/representation of the petitioner dated 27.10.2017 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 petitioner and any of the interested parties.

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

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To:

1.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

2.The Zonal Deputy Tahsildar, Kovilpatti Taluk, Tuticorin District.

3.The Tahsildar, Kayathar Taluk, Tuticorin District.

+One cc to Mr.K.Kulanthai Vickram, Advocate, SR.No.86605 +One cc to The Special Government Pleader, SR.No.87307 ar RL/6C/2P/KK/SAR1/23/11/2017 W.P(MD) No.20810 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 13.11.2017