Arockiyasamy, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21835 of 2017 Arockiyasamy ... Petitioner Vs.

1. The District Collector, Pudukkottai.

2. The Tahsildar, Kulathur Taluk, Pudukkottai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus thereby direct the 2nd respondent to conduct a enquiry on petitioner's representation dated 05.09.2016 with regard to issuance of patta in favour of the petitioner for land situated in S.F.No.397/1, Punjai, 17 cent of Udaiyalipatti Village, Kulathur Taluk, Pudukkottai District at once.

For Petitioner : Mr.P.Ganapathi Subramanian 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. Heard the learned Counsel for the petitioner and Mr.M.Alagathevan, learned Special Government Pleader, who takes notice for the respondents.

3. According to the petitioner, neither civil suit nor rival claim whatsoever is pending in respect of the property in question and as such, he is enjoying possession over the same. Whereas, in the revenue records, the property stands in the name of third party society and in order to correct the mistake crept-in and for issuing a fresh patta in his name, he has submitted a representation dated 05.09.2016, before the respondents and as the https://hcservices.ecourts.gov.in/hcservices/

same is kept pending, without any action, the petitioner is before this Court.

4. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner dated 05.09.2016 is disposed of, by the second respondent, as per law, within a stipulated time limit.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to consider the representation of the petitioner dated 05.09.2016 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Pudukkottai.

2. The Tahsildar, Kulathur Taluk, Pudukkottai District.

+ 1 cc TO Mr.P.Ganapathi Subramanian , Advocate in SR No. 90511 + 1 cc TO The Special Government Pleader in SR No. 90247 gk AE/SKN RSK/SAR1/14.12.2017/2P/5C W.P(MD)No.21835 of 2017 28.11.2017 https://hcservices.ecourts.gov.in/hcservices/