V.Abdul Salam, v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.22860 of 2017 V.Abdul Salam .. Petitioner Vs.

1.The District Revenue Officer, Ramanathapuram District.

2.The Tahsildar, Thiruvadanai Taluk, Thiruvadanai, Ramanathapuram 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 dispose the proceedings in Na.Ka.No.B2/2747/2016, dated 17.08.2016 pending on the file of the first respondent and issue patta to the petitioner's recommended by the second respondent in Na.Ka.No.A6/19756/2015, dated 29.08.2017, based on the petitioner's representation, dated 28.11.2017. For Petitioner : Mr.PR.Boomee Rajan 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 dispose of the proceedings in Na.Ka.No.B2/2747/2016, dated 17.08.2016 pending on his file and issue patta to the petitioner in respect of the property admeasuring 0.36.0 Hectares, comprised in Survey No.72/4, AnandUr Village and Anandur Group, Thiruvadanai Taluk, Ramanathapuram District, based on the recommendation of the second respondent in Na.Ka.No.A6/19756/2015, dated 29.08.2017, and also the petitioner's representation, dated 28.11.2017.

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. https://hcservices.ecourts.gov.in/hcservices/

4.Heard both sides.

5.The case of the petitioner is that the petitioner is the owner of the property, admeasuring 0.36.0 Hectares, comprised in Survey No.72/4, Anandur Village, Anandur Group, Thiruvadanai Taluk, Ramanathapuram District. According to the petitioner, the second respondent also recommended to issue patta for the said property to the petitioner, vide, proceedings, dated 29.08.2017. But, the first respondent, without considering the same, has not disposed of the proceedings in Na.Ka.No.B2/2747/2016, dated 17.08.2016, in respect of the issue-in-question. Therefore, the petitioner made a representation, dated 28.11.2017, seeking to dispose of said proceedings and also issue patta to him, to the first respondent and the same has not been considered, so far. Therefore, the petitioner is before this Court.

6.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner, dated 28.11.2017, is directed to be disposed of by the first respondent, on the basis of the recommendation made by the second respondent, dated 29.08.2017, and also 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 first respondent to consider the representation of the petitioner, dated 28.11.2017, on the basis of the recommendation made by the second respondent, dated 29.08.2017, 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 all the interested parties, within a period of six 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(C.O) /True Copy/ Sub-Assistant Registrar To 1.The District Revenue Officer, Ramanathapuram District. 2.The Tahsildar, Thiruvadanai Taluk, Thiruvadanai, Ramanathapuram District.

+One cc to Mr.PR.Boomee Rajan, Advocate, SR.No.92669 +One cc to The Special Government Pleader, SR.No.93149 smn RL/5C/2P/SV/MMS/SAR1/22/12/2017 ORDER MADE IN W.P(MD)No.22860 of 2017 13/12/2017 https://hcservices.ecourts.gov.in/hcservices/