A.R.Karuppaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.13282 of 2016 A.R.Karuppaiah ... Petitioner Vs 1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Tahsildar, Illuppur Taluk, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd Respondent to inspect the property in S.No.260/1A in Kottai Street, Illuppur Village, Pudukkottai District and issue patta by considering the Petitioner's representation, dated 15.07.2016.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.S.Kumar Addl.Govt.Pleader.

ORDER

Heard both sides.

2. By consent, the main Writ Petition itself is taken up for final hearing.

3. No counter is filed on behalf of the Respondents.

4. Admittedly, the Petitioner's representation, dated 15.07.2016, is pending before the Respondent Nos.1 and 2. In fact, in the said representation, the Petitioner has sought for issuance of patta, in respect of the property bearing S.No.260/1A in Kottai Street, Illuppur Village, Pudukkottai District. As on date, the Petitioner's representation, dated 15.07.2016, is pending without any disposal.

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5. Considering the fact that the Petitioner's representation, dated 15.07.2016, is pending before the Respondent Nos.1 and 2, at this stage, this Court simpliciter directs the Second Respondent to look into the representation of the Petitioner, dated 15.07.2016 and to pass a reasoned speaking order, on merits (Ofcourse, after affording necessary opportunity to the Petitioner and others concerned, by adhering to the principles of natural justice), within a period of four weeks from the date of receipt of a copy of this order.

6. It is made clear that, if the Second Respondent / Tahsildar, Illuppur Taluk, Pudukkottai District, is in need of a requisition / a particular representation from the Petitioner in regard to the issuance of patta in proper format under the Tamil Nad Patta Passbook Act, 1983 and the Rules made thereunder, then, it is incumbent on the part of the Petitioner to submit the application, as per the format, before the Second Respondent and to seek redressal of grievance, in the manner known to law and in accordance with law.

7. The Petitioner is also directed to lend his assistance and co-operation to the Second Respondent / Tahsildar, Illuppur Taluk, Pudukkottai District, so as to enable him to dispose of his representation, within the time determined by this Court. 8.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar MPK To 1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Tahsildar, Illuppur Taluk, Pudukkottai District.

+1CC to Mr.K.Balasundharam, Advocate Sr.No.39793 +1CC to Spl.Government Pleader Sr.No.40081 GJM/PEK/4.8.16-2p-5c W.P(MD)No.13282 of 2016 27.07.2016 https://hcservices.ecourts.gov.in/hcservices/