R.Velraj v. The District Collecor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.23606 of 2017 R.Velraja ... Petitioner vs.

1. The District Collector, Thoothukudi, Thoothukudi District.

2. The Revenue Divisional Officer, Vilathikulam Taluk, Thoothukudi District.

3. The Tahsildar, Vilathikulam Taluk, Thoothukudi 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 consider the petitioner's representation dated 13.02.2017 to issue patta in favour of the petitioner's name in survey No.4/123-1 at door No.4/123-1, Middle Street, Mettupanaiyur, Kulathur Panchayat, Vilathikulam Taluk, Thoothukudi District within a stipulated time that may be fixed by this Court. For Petitioner : M/s.A.Banumathy For Respondents : Mr.M.Alagathevan Special Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondents to issue patta in respect of the property in Survey No.4/123-1 at door No.4/123-1, Middle Street, Mettupanaiyur, Kulathur Panchayat, Vilathikulam Taluk, Thoothukudi District, in the petitioner's name, by considering his representation dated 13.02.2017.

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 he is in possession and enjoyment of the property in Survey No.4/123-1 at door No.4/1231, Middle Street, Mettupanaiyur, Kulathur Panchayat, Vilathikulam Taluk, Thoothukudi District and in order to get patta for the same, he sent a representation to the respondents on 13.02.2017. As the same has not been considered so far, the petitioner is before this Court with the above prayer.

4.The learned counsel appearing for the petitioner submitted that no rival claim is made or suit is pending with regard to the said property.

5.In view of the above submission, this Court, without going into the merits of the matter, directs the respondents to consider the representation of the petitioner dated 13.02.2017 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 as well as any of the interested parties.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thoothukudi, Thoothukudi District.

2. The Revenue Divisional Officer, Vilathikulam Taluk, Thoothukudi District.

3. The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

+ 1 CC TO M/s.A.BANUMATHY, ADVOCATE IN SR No. 94164 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 94774 MJ TE/SV-MMS/SAR-2 : 09/01/2018 : 2P/6C W.P(MD)No.23606 of 2017 21.12.2017 https://hcservices.ecourts.gov.in/hcservices/