Madras High CourtWP(MD)/11357/2016disposed of

P.Velchamy v. The District Collector

2016-06-27Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.11357 of 2016 P.Vellaichamy ..Petitioner Vs 1.The District Collector, Trichy District.

2.The Tahsildar, Thiruverumbur Taluk, Thiruverumbur, Trichy District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to grant patta in Petitioner's name for the property situated in Trichy District, Thiruverumbur Taluk, Thirunedungulam Village in Plot Nos.18,26 and 27 in S.No.105/1B, 105/1C, 105/1E and 105/1F for an total extent of 6000 sq.ft by considering the Petitioner's representation dated 3.6.2016.

For Petitioner :M/s.S.Karthick Subramanian For Respondents :Mr.J.Gunaseelan Muthiah Govt.Advocate

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.No counter is filed on behalf of the respondents. 4.According to the Petitioner, he purchased the half of the land in Plot No.18 of the lay-out in question measuring an extent of 1200 sq.ft, by means of a registered sale deed, dated 17.12.2003 from Veeralakshmi @ Jeyamary. From the date of purchase, he is in possession and enjoyment of the property. He had applied for patta in his name in respect of the land before the Respondents for several times. However, the grievance of the Petitioner is that the Second Respondent/The Tahsildar, Thiruverumbur Taluk, Thiruverumbur Trichy District had not considered those applications.

https://hcservices.ecourts.gov.in/hcservices/ 5.In view of the fact that the Petitioner's representation, dated 3.6.2016 addressed to the Second Respondent/The Tahsildar,

Thiruverumbur Taluk, Thiruverumbur, Trichy District is pending as regards the issuance patta in the name of the Petitioner in respect of the survey numbers mentioned in Para No.4 of the affidavit of the Writ Petition, this Court at this stage, without expressing any opinion on the merits of the matter and not dwelling deep into the contents and merits of the representation of the Petitioner, dated 3.6.2016, simpliciter, in the interest of justice, Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the Second Respondent to take up the representation of the Petitioner, dated 3.6.2016 within a period of one week from the date of receipt of a copy of this order. Thereafter, the Second Respondent is directed to consider the representation of the Petitioner dated 3.6.

2016 and to dispose of the same by passing a reasoned speaking order, on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any by adhering to the principles of natural justice in true letter and spirit) within a period of four weeks thereafter. It is open to the Petitioner to produce copies of all necessary/relevant documents before the Second Respondent/The Tahsildar, Thiruverumbur Taluk, Thiruverumbur, Trichy District and the Second Respondent shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 3.6.2016.

6.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The District Collector, Trichy District.

2.The Tahsildar, Thiruverumbur Taluk, Thiruverumbur, Trichy District.

+1cc to M/s.S.Karthick Subramanian, Advocate in SR.33619 +1cc to the Special Government Pleader, in SR.33208 W.P(MD)No.11357 of 2016 27.06.2016 vsn PBK/SK-SKN 04/07/2016 ::2P-5C::

https://hcservices.ecourts.gov.in/hcservices/