Anbalagan, S/O.Retnamony v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.23553 of 2017 and W.M.P(MD)No.19799 of 2017 Anbalagan ... Petitioner Vs.
1.The District Collector, Kanyakumari District, At Nagercoil.
2.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District.
3.The Thasildar, Vilavancode Taluk, Kuzhithurai Post, Kanyakumari District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to issue Patta for dwelling house of the petitioner situated in Re Survey No.713/12, Admeasuring an extent of 2 cents in Mathicode Village, Vilavancode Taluk, Kanyakumari District, on the basis of the G.O.Ms.No.34, Revenue LDI(2) Department dated 23.01.2008.
For Petitioner : Mr.A.Rajkumar Sen For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate ******
ORDER
By consent, the writ petition is taken up for final disposal at the stage of admission itself.
2. Mr.J.Gunaseelan Muthiah, learned Government Advocate, takes notice for the respondents.
3. According to the petitioner, the subject mentioned property is classified as Poramboke in the revenue records and he was residing there, along with his family, for the past 26 years. Therefore, he has submitted a representation dated 05.12.2017, before the respondents, requesting them to grant patta, in his name, in respect of the property in dispute, citing G.O.Ms.No.34, Revenue https://hcservices.ecourts.gov.in/hcservices/
LDI(2) Department dated 23.01.2008. As the same is kept pending, without any action, he is before this Court with the above 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 of the petitioner dated 05.12.2017, is disposed of, by the first respondent, 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, more particularly, the first respondent, to consider and pass appropriate orders on the representation of the petitioner dated 05.12.2017, 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. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To:
1.The District Collector, Kanyakumari District, At Nagercoil.
2.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District.
3.The Thasildar, Vilavancode Taluk, Kuzhithurai Post, Kanyakumari District.
+1cc to Mr.A.RAJKUMAR SEN,Advocate,SR. 93798 +1cc to M/S.Special Government Pleader,SR. 94335 W.P(MD)No.23553 of 2017 20.12.2017 GK KK/GT/SAR 2/05.01.2018/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/