Madras High CourtWP(MD)/22393/2017disposed of

P.Chinnaiyan, S/O Poosari v. The Tahsildar,

2017-12-07Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.22393 of 2017 P.Chinnaiyan ... Petitioner Vs.

1.The Tahsildar Thottiyam, Office of the District Treasury, Trichy.

2.The District Collector, Office of the District Collector, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to dispose of the petitioner's application dated 02.09.2016 seeking for separate patta in respect of property bearing old door No.31 A new door No.39 comprised in Survey No.332/2 measuring 352 sq feet and also land measuring 448 sq feet in Survey No.332/2.

For Petitioner : Mr.G.Vasudevan For Respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader *****

ORDER

By consent, this writ petition is taken up for final disposal, at the stage of admission itself.

2. Heard the learned Counsel for the petitioner and Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, who takes notice for the respondents.

3. According to the petitioner, the subject mentioned property belongs to him as well as his elder brother, one Periyasamy and neither civil suit nor rival claim, whatsoever, is pending in respect of the said property and joint patta was also issued in the name of the petitioner and his brother. In order to get a separate patta for his extent of land, the petitioner has submitted several representations right from the year 2013, which failed to yield any fruitful results and aggrieved over the same, he is before this Court.

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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 02.09.2016 is disposed of, by the first 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 first respondent to consider the representation of the petitioner dated 02.09.2016 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(C.) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar Thottiyam, Office of the District Treasury, Trichy.

2.The District Collector, Office of the District Collector, Trichy.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 92103 +1cc to Mr.S.KADARKARAI Advocate in SR. No. 91307 GK JS/CVC/SAR.1/21.12.2017/2P-5C ORDER MADE IN W.P(MD)No.22393 of 2017 07.12.2017 https://hcservices.ecourts.gov.in/hcservices/