A.Subbaiah v. The Sub-Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.22898 of 2017 A.Subbaiah ... Petitioner Vs.
1. The Sub Collector, Cheranmahadevi, Tirunelveli District.
2. The Thasildar, Radhapuram Taluk, Tirunelveli District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to conclude the enquiry in R.T.R. No.1412/16 dated 31.08.2016 and issue Patta to the Petitioner in respect of Natham Survey No.896/1 situated at South Karunkulam Village, Radhapuram Taluk, Tirunelveli District on the basis of the petitioners Representation dated 08.08.2017 within a time frame to be stipulated by this Honble Court.
For Petitioner : Mr.S.Vinayak For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate ******
O R D E R
By consent, the writ petition is taken up for final disposal at the stage of admission itself.
2. Heard the learned counsel appearing for the petitioner and Mr.J.Gunaseelan Muthiah, learned Government Advocate, who takes notice for the respondents.
3. According to the petitioner, the subject mentioned property belongs to him and neither civil suit nor rival claim, whatsoever, is pending in respect of the same and as such, he has submitted a representation before the respondents, seeking Patta. Subsequent thereto, the authorities had initiated proceedings in https://hcservices.ecourts.gov.in/hcservices/
R.T.R.No.1412/16 and called for the petitioner for enquiry on 31.08.2016. Thereafter, the matter is kept pending, without any action and aggrieved over the same, the petitioner has submitted another representation dated 08.08.2017 and as the same is also kept pending, he is before this Court, with the aforesaid prayer.
4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would suffice, if the representation dated 08.08.2017, is disposed of, by the authorities, within a stipulated time limit.
5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation of the petitioner dated 08.08.2017 and pass appropriate orders, on merits and in accordance with law, after affording an 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. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To:
1. The Sub Collector, Cheranmahadevi, Tirunelveli District.
2. The Thasildar, Radhapuram Taluk, Tirunelveli District.
+ 1 cc TO Mr.S.Vinayak , Advocate in SR No. 92937 + 1 cc TO The Special Government Pleader in SR No. 93138 gk AE/SV MMS/SAR3/03.01.2018/2P/5C W.P(MD)No.22898 of 2017 14.12.2017 https://hcservices.ecourts.gov.in/hcservices/