Madras High CourtWP(MD)/22835/2017disposed of

L.Kaleeswaran v. The District Collector

2017-12-13Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.22835 of 2017 L.Kaleeswaran .. Petitioner Vs.

1.The District Collector, District Collectorate, Sivagangai District.

2.The Tasildar, Manamadurai, Sivagangai District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to issue patta in the name of the petitioner, who is residing the house situated in Door No.1/80, based on his online application, dated on 24.10.2016 and his representation, dated 27.09.2017, within a time frame as may be fixed by this Court. For Petitioner : M/s.V.Vilma Rexy For Respondents : Mr.M.Alagathevan, Special Government Pleader.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the first respondent to issue patta in the name of the petitioner, for his house, situates in Door No.1/80, Sivan Kovil Street, Thirupachethi North, Thirupuvanam Taluk, Sivagangai District, based on his online application, dated 24.10.2016 and also representation dated 27.09.2017, within the stipulated time as fixed by this Court.

2.Mr.M.Alagathevan, learned Special Government Pleader, takes notice for the respondents.

3.By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself. 4.Heard both sides.

5.The petitioner made online application, dated 24.10.2016, to the second respondent for issuance of patta to his house bearing Door No.1/80, situates in Door No.1/80, Sivan Kovil Street, https://hcservices.ecourts.gov.in/hcservices/

Thirupachethi North, Thirupuvanam Taluk, Sivagangai District and he also made a representation dated 27.09.2017, to the second respondent.

6.The learned counsel for the petitioner would submit that it would be suffice, if the online application of the petitioner, dated 24.10.2016, is directed to be considered on the basis of his representation dated 27.09.2017, by the second respondent, as per law. The learned counsel for the petitioner would also submit that there is no civil suit pending with regard to the said property.

7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to consider the online application of the petitioner, dated 24.10.2016, based on his representation, dated 27.09.2017 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, District Collectorate, Sivagangai District.

2.The Tasildar, Manamadurai, Sivagangai District.

+One cc to Mr.V.Vilma Rexy, Advocate, SR.No.92591 +One cc to The Special Government Pleader, SR.No.93151 smn RL/5C/2P/KK/SAR1/5/1/2018 ORDER MADE IN W.P(MD)No.22835 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 13.12.2017