Madras High CourtWP(MD)/20882/2017disposed of

J.Baskaran, S/O.Jeyapandi v. The District Collector

2017-12-05Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20882 of 2017 J.Baskaran ... Petitioner Vs.

1. The District Collector Thoothukudi District, Thoothukudi.

2. The District Revenue Officer Thoothukudi District, Thoothukudi.

3. The Tahsildar Thoothukudi Taluk, Thoothukudi District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to issue patta in favour of the petitioner for the land comprised in S.No.219/1B situated at Mullakadu Village, Thoothukudi Taluk and District. For Petitioner : Mr.B.S.Meltiue For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader *****

O R D E R

This writ petition has been filed, seeking to direct the third respondent to to issue patta in favour of the petitioner for the land comprised in S.No.219/1B situated at Mullakadu Village, Thoothukudi Taluk and District.

2. Heard the learned counsel on either side.

3. The learned Counsel appearing for the petitioner would submit that the land and building comprised in Survey No.219/B situated at Mullakadu Village, Thoothukudi Taluk and District, belong to the petitioner, to which, the petitioner has filed a writ petition in WP(MD) No.11733 of 2015, for issuance of patta, upon which, this Court, directed the third respondent to pass https://hcservices.ecourts.gov.in/hcservices/

orders within a period of six weeks. Thereafter, no action has been taken by the third respondent, he has submitted a representation dated 17.07.2017 to the respondents, for issuance of Patta. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

4. Upon notice, the learned Counsel appearing for the respondents has submitted that the land in question had already been acquired by the Government. The said statement is strongly refuted by the learned Counsel for the petitioner.

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 third respondent to consider the representation of the petitioner dated 17.07.2017, after thorough verification of revenue records 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.

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

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

1. The District Collector Thoothukudi District, Thoothukudi.

2. The District Revenue Officer Thoothukudi District, Thoothukudi.

3. The Tahsildar Thoothukudi Taluk, Thoothukudi District.

+1cc to Mr.B.S.Meltiue, Advocate Sr.No.91299 +1cc to Spl.Government Pleader Sr.No.91427 RM VB/MR/KKR/SAR3/22/12/2017/2P/6C W.P(MD)No.20882 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 05.12.2017