Madras High CourtWP(MD)/13499/2016disposed of

S.Siluvai Gnanamani v. The District Collector

2016-07-29Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 29.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.13499 of 2016 S.Siluvai Gnanamani ..Petitioner Vs 1.The District Collector, Collectorate, Tirunelveli.

2.The Tahsildar, Taluk Office, Nanguneri, Tirunelveli 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 Second Respondent to issue a fresh Patta Pass-Book in favour of the Petitioner to his property bearing S.No.136-A/7, situated at Iraipuvari Village, Nanguneri, Tirunelveli District measuring an extent of 37 cents on the basis of his representation dated 25.6.2016 after making necessary changes in the "A" Register.

For Petitioner :M/s.B.N.Raja Mohamed For Respondents :Mr.J.Gunaseelan Muthiah Govt.Advocate

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.No counter is filed on behalf of the Respondents. 4.According to the Petitioner, he is in absolute possession of the landed property bearing S.No.136A/7, measuring an extent 0.15.00 hectares equivalent to 37 cents, situated at Iraipuvari Village, Nanguneri, Tirunelveli District.

5.It appears that the Petitioner is in need of a patta for the above said property, which he was in absolute possession since 16.10.2015 in his favour, for which, he had applied before the Second Respondent through representation, dated 25.6.2016. Till date, the said representation has not met with any positive response from the side of the Second Respondent/The Tahsildar, Taluk Office, Nanguneri, Tirunelveli District. Hence the Petitioner has filed the present Writ Petition before this Court. 6.In view of the fact that the Petitioner's representation, dated 25.6.2016 in the subject-matter in issue is pending with the Second Respondent/The Tahsildar, Taluk Office, Nanguneri, Tirunelveli District, this Court, in the interest of justice, directs the Second Respondent to look into the representation of the Petitioner, dated 25.6.

2016 within a period of one week from the date of receipt of a copy of this order. Thereafter, the Second Respondent is directed to dispose of the same in a free, fair, unbiased and dispassionate manner, on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter. It is open to the Petitioner to produce copies of all necessary/relevant documents before the Second Respondent/The Tahsildar, Taluk Office, Nanguneri, Tirunelveli District and the Second Respondent shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 25.6.2016.

The Petitioner is directed to lend his assistance and co-operation in this regard, to the Second Respondent, in disposing of his representation, dated 25.6.2016, within the time specified by this Court.

7.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate, Tirunelveli.

2.The Tahsildar, Taluk Office, Nanguneri, Tirunelveli District.

+1cc to MR.B.N.Rajamohamed, Advocate SR.No.40753 +1cc to the special Government Pleader SR.No.40575 vsn sm:SKS-RR:08.08.2016:3P/5C W.P(MD)No.13499 of 2016 29.07.2016