Madras High CourtWP(MD)/23347/2017disposed of

S.Subbiah Nadar v. The District Collector

2017-12-19Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.23347 of 2017 S.Subbiah Nadar ... Petitioner -vs1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Revenue Divisional Office, Thenkasi, Tirunelveli District.

3. The Tahsildar, Kadayanallur Taluk, Tirunelveli.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to issue patta in favour of Duraichamyapuram Sathiriya Nadar Mahajanasangam after making necessary changes in the village accounts and revenue registers by considering the petitioner's representation dated 05.12.2017 within a time stipulated to be fixed by this Court. For Petitioner : Mr.R.Mathava Selvam For Respondents : Mr.M.Alagathevan Special Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the second respondent to issue patta in favour of Duraichamypuram Sathiriya Nadar Mahajanasangam, after making necessary changes in the village accounts and revenue registers, by considering the petitioner's representation dated 05.12.2017. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

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3.The case of the petitioner is that his ancestors have donated the lands in question to the said Duraichamypuram Sathiriya Nadar Mahajanasangam and since then, the Sangam has been in possession and enjoyment of the same. While so, the petitioner came to know that the disputed lands were mentioned as 'Sarkar Poramboke' in the revenue records. Hence, the petitioner has given a representation dated 05.12.2017 to the respondents, to issue patta in favour of the said Sangam, after making necessary changes in the village accounts and revenue registers. As the same has not been considered so far, the petitioner is before this Court with the above prayer.

4.The learned Special Government Pleader appearing for the respondents submitted that if reasonable time is granted to the respondents, the representation of the petitioner will be considered and appropriate orders will be passed. 5.In view of the said submission, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the petitioner dated 05.12.2017 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any of the interested parties. 6.With the above direction, this writ petition is disposed of. No costs. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Revenue Divisional Office, Thenkasi, Tirunelveli District.

3. The Tahsildar, Kadayanallur Taluk, Tirunelveli.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 93848 + 1 CC TO Mr.R.MATHAVA SELVAM, ADVOCATE IN SR No. 93746 MJ TE/MR-KKR/SAR-4 : 28/12/2017 : 2P/6C W.P(MD)No.23347 of 2017 19.12.2017 https://hcservices.ecourts.gov.in/hcservices/