Andi Ambalam, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.22341 of 2017 1.Andi Ambalam 2.Ayyanar @ Gunasekaran 3.Selvaraj 4.Thandeeswaran 5.Aatheeswaran 6.Ramachandran 7.Selvam 8.Raja 9.Sivasankar 10.Mareeshwara Cholan 11.Karthikeyan ... Petitioners Vs.

1. The District Collector, Sivagangai.

2. The Tahsildar, Thirupuvanam Taluk Office, Thirupuvanam, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents (particularly the 2nd respondent) to issue a joint patta in the name of the petitioners in respect of the property which is situated in old Survey No.92 in Thirupuvanam Puthur Village to an extent of 4 acres 65 cents within the stipulated time which may be fixed by this Court.

For Petitioners : Mr.V.Lakshmanan For Respondents : Mr.M.Alagathevan Special Government Pleader

ORDER

This writ petition has been filed, seeking a writ of Mandamus directing the respondents (particularly the 2nd respondent) to issue a joint patta in the name of the petitioners in respect of the property which is situated in old Survey No.92 in Thirupuvanam Puthur Village to an extent of 4 acres 65 cents within the stipulated time which may be fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/

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 petitioners would submit that neither civil suit nor rival claim whatsoever is now pending in respect of the properties in question. The first petitioner has sent a representation on 27.03.2017 before the respondents for issuance of a joint patta in favour of the petitioners in respect of the above said properties. However, no steps have been taken by the respondents. Hence, the petitioner is before this Court. 5.The learned Special Government Pleader appearing for the respondents would submit that the representation dated 27.03.2017 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 27.03.2017 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 eight 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 (CO) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai.

2. The Tahsildar, Thirupuvanam Taluk Office, Thirupuvanam, Sivagangai District.

+ 1 CC TO Mr.V.LAKSHMANAN, ADVOCATE IN SR No. 91157 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 91693 DSK TE/JC/SAR-1 : 15/12/2017 : 2P/5C ORDER MADE IN W.P(MD)No.22341 of 2017 06.12.20107 https://hcservices.ecourts.gov.in/hcservices/