K.T.Sudharsan, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21928 of 2017 K.T.Sudharsan ... Petitioner Vs.
1. The District Collector, Sivagangai.
2. The Revenue Divisional Officer, Sivagangai Region, Sivagangai.
3. The Tahsildhar, Sivagangai Taluk, Sivagangai.
4.The Sub Registrar, Joint II, Sivagangai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents 1 to 3 to issue joint Patta in the name of the petitioner's family by cancelling the earlier patta No.520 issued based on the forged documents within a time frame fixed by this Court.
For Petitioner : Mr.M.Gururaj For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader
ORDER
This writ petition has been filed, seeking a writ of Mandamus directing the respondents 1 to 3 to issue joint Patta in the name of the petitioner's family by cancelling the earlier patta No.520 issued based on the forged documents within a time frame fixed by this Court.
2.Heard both sides.
3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.
4.The learned counsel for the petitioner would submit that some thirds parties by creating forged documents obtained patta in their favour in respect of their property and a criminal case in C.C.No.127 of 2015 is pending before the Judicial Magistrate No.II, Sivagangai. Since the property was further encumbered by them, the petitioner made several representations to the respondents and according to the petitioner the said representations are kept pending without any action. Hence, the petitioner is before this Court.
5.The learned Additional Government Pleader appearing for the respondents, on instructions submitted that the representation of the petitioner would be considered on merits within the time stipulated by this Court.
6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the representation dated 02.11.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.
7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Sivagangai.
2. The Revenue Divisional Officer, Sivagangai Region, Sivagangai.
3. The Tahsildhar, Sivagangai Taluk, Sivagangai.
4.The Sub Registrar, Joint II, Sivagangai.
+ 1 cc TO The Special Government Pleader in SR No. 90577 dsk AE/KK/SAR1/18.12.2017/3P/6C ORDER MADE IN W.P(MD)No.21928 of 2017 29.11.2017