P.Kathirvel S/Olate Periyasamy v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.22068 of 2017 P.Kathirvel ... Petitioner Vs.

1.The District Collector O/o. District Collector, 2.The District Revenue Officer, D.R.O. Office, 3.The Revenue Divisional Officer, R.D.O. Office, 4.The Tahsildar Taluk Office, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fourth respondent to issue patta in the name of the petitioner for the land property with an extension of 70 cents situated in T.S. No.1703, Karur village now Karur Town, Karur Taluk, Karur district based on the petitioner's representation dated 12.08.2017 in the light of the proceedings passed by the second respondent vide office No. Na.Ka.A- 1/6100/2016 dated 29.06.2017.

For Petitioner : Mr.R.Karunanidhi 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 at the stage of admission itself.

2. Mr.M.Alagathevan, learned Special Government Pleader

takes notice for the respondents.

3. According to the petitioner, his father is in possession and enjoyment of the property in question. The fourth respondent issued 2-C Mara Patta in favour of his father. After the demise of his father, the fourth respondent transferred the Mara-patta in favour of the petitioner, vide proceedings dated 20.07.2001. Thereafter, he has submitted a representation dated 13.05.2013, for issuance of Patta. Pursuant thereto, the second respondent directed the third respondent to conduct an enquiry for issuance of patta and assignment of property in favour of the petitioner's name, vide his proceedings dated 29.06.2016. The Third respondent directed the fourth respondent to take appropriate action, vide his proceedings dated 26.08.2016. The petitioner submitted a detailed representation dated 12.08.2017 before 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. The learned Counsel for the petitioner would submit that it would suffice, if the representation dated 12.08.2017 submitted by the petitioner to the respondents, is directed to be considered by the fourth respondent, in the light of the proceedings dated 29.06.2017.

5. In view of the above submission and also considering the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the petitioner's claim, directs the fourth respondent, to consider the representation of the petitioner dated 12.08.2017 and pass suitable orders thereon, in the light of the proceedings dated 29.06.2017, 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(CS-I) /True copy/ Sub Assistant Registrar To:

1.The District Collector O/o. District Collector,

2.The District Revenue Officer, D.R.O. Office, 3.The Revenue Divisional Officer, R.D.O. Office, 4.The Tahsildar Taluk Office, +1cc to Mr.R.KARUNANIDHI,Advocate,SR.90365 +1cc to M/S.Special Government Pleader,SR. 90716 W.P(MD)No.22068 of 2017 30.11.2017 RM KK/MR KKR/SAR 1/15.12.2017/ 3P- 7C/