K.Selvarani, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 11.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.12013 of 2016 K.Selvarani ..Petitioner Vs

1. The District Collector, Trichirappalli District, Trichy.

2. The Tahsildar, Lalkudi Taluk, Trichirappalli District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to consider the representation of the Petitioner, dated 23.5.2016 and to grant patta in her name to the land situated in S.Nos.295/6, 295/9 and 294/5 situated at Periyakurukkai Village, Lalkudi Taluk, Trichirappalli District within the time stipulated by this Court.

For Petitioner : No appearance For Respondents : Mr.J.Gunaseelan Muthiah Govt.Advocate

ORDER

There is no representation for the Petitioner. 2.According to the Petitioner, he originally purchased the property and submitted an application before the Second Respondent/The Tahsildar, Lalkudi Taluk,Trichirappalli District in the year 2014 itself. However, till date, no orders have been passed by the Second Respondent.

3.It is the case of the Petitioner that due to the inaction on the part of the Second Respondent, he had suffered much and again, he approached the Second Respondent in person at his Office and submitted a representation and prayed for issuance of patta in her favour.

4.It comes to be known that the Petitioner had addressed a representation, dated 23.05.2016 to the Second Respondent/The Tahsildar, Lalkudi Taluk, Trichirappalli District, praying for issuance of patta in respect of S.Nos.295/6, 295/9 and 294/5, measuring an extent of 2 acres and 80 cents at Periyakurukkai Village and from the date of purchase, she is in possession and enjoyment of the said property without any interruption whatsoever.

5.Considering the fact that the Petitioner's representation, dated 23.05.2016 addressed to the Second Respondent/The Tahsildar, Lalkudi Taluk, Trichirappalli District is pending without any progress or disposal, at this stage, this Court in the interest of justice and fair play and without going into the merits of the matter, simpliciter, directs the Second Respondent/The Tahsildar, Lalkudi Taluk, Trichirappalli District to take up the representation of the Petitioner, dated 23.5.2016 within a period of two weeks from the date of receipt of a copy of this order.

Thereafter, the Second Respondent is directed to pass a reasoned speaking order on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of six weeks thereafter. In case, the Second Respondent is in need of appropriate application in the prescribed format under the Tamil Nadu Patta Passbook Act, 1983 and rules made therein, 1997, then the Petitioner is to comply with the said requirement. In any event, the Second Respondent is directed to pass necessary orders in the subject-matter in issue within the time determined by this Court.

Before parting with the case, this Court directs the Petitioner to lend her assistance and co-operation in regard to the disposal of the representation of the Petitioner, dated 23.05.2016 by the Second Respondent within the time specified by this Court.

6.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS) To

1. The District Collector, Trichirappalli District, Trichy.

2. The Tahsildar, Lalkudi Taluk, Trichirappalli District.

+1cc to Mr.A.Chandrakumar, Advocate, Sr.No.35642 +1cc to the Special Government Pleader, Sr.No.35796 vsn JM/NGM-MP/SAR-III/18.07.2016/3P-5C W.P(MD)No.12013 of 2016 11.07.2016