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Madras High CourtWP(MD)/22593/2017disposed of

A.Periyakaruppan v. The Principal Secretary /

2017-12-11Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.22593 of 2017 A.Periyakaruppan ... Petitioner Vs.

1. The Principal Secretary / Land Commissioner, Land Administration, Chepauk, Chennai - 600 005.

2. The District Collector, Sivagangai District.

3. The District Revenue Officer, Sivagangai District, Sivagangai.

4. The Tahsildar, Sivagangai Taluk, Sivagangai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 4th Respondent to issue Patta in respect of petitioner property comprised in S.No.180/4, running to the extent of 6 Acres 70 Cents situated at Okkur Village, Sivagangai District in view of the 3rd Respondent's communication in O.Mu.B1/13669/17 dated 18.7.2017. For Petitioner : Mr.P.Kalaiyarasi Bharathi For Respondents : Mr.M.Alagathevan Special 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.M.Alagathevan, learned Special Government Pleader, who takes

notice for the respondents.

3. According to the petitioner, the subject mentioned property belongs to his grandfather and after his demise, the petitioner as well as his father are enjoying the possession and neither civil suit nor rival claim, whatsoever, is pending in respect of the said property. Whereas, in the revenue records, the said property was classified as Government Punja Land. In order to correct the mistake crept-in and for issuance of a patta in his name, the petitioner has submitted several representations right from the year 2014, which, according to him, failed to yield any fruitful results. It is his specific case that despite an ex-parte decree came to be passed in his favour, the respondents are not taking any effective steps and aggrieved over the same, he is before this Court.

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 11.07.2017, is disposed of, by the fourth respondent, on merits, which was duly forwarded to him by the third respondent in O.Mu.B1/13669/17 dated 18.07.2017.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondents, more particularly, the fourth respondent to consider the representation of the petitioner dated 11.07.2017 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(W) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary / Land Commissioner, Land Administration, Chepauk, Chennai - 600 005.

2. The District Collector, Sivagangai District.

3. The District Revenue Officer, Sivagangai District, Sivagangai.

4. The Tahsildar, Sivagangai Taluk, Sivagangai.

+ 1 cc TO Mr.P.Kalaiyarasi Bharathi , Advocate in SR No. 92004 + 1 cc TO The Special Government Pleader in SR No. 92222 gk AE/MR KKR/SAR3/26.12.2017/3P/7C ORDER MADE IN W.P(MD)No.22593 of 2017 11.12.2017