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Madras High CourtWP(MD)/2715/2017disposed of

R.Rajendran v. The District Collector

2017-02-17Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No. 2715 of 2017 R.Rajendran ... Petitioner vs.

1.The District Collector, Thanjavur District.

2.The Tahsildar, Pattukkottai Taluk, Thanjavur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India Praying this Court for issuance of a Writ of Mandamus directing the second respondent to issue patta in the name of the Petitioner in S.No.310-1, 325-6,352-8, 585-2, 585-10, 324-1, 3246, 315-8, 340-2 situated at Thuvarankuruchi Village,Pattukkottai Taluk, Thanjavur District based on the Petitioner's representation dated 8.8.2014 within the time stipulated by this Court. For Petitioner : M/s.V.Sasikumar For Respondents : Mr.C.Selvaraj 1 and 2 Special.Govt.Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the second respondent to issue patta in the name of the Petitioner in S.No.310-1, 325-6,352-8, 585-2, 585-10, 324-1, 324-6, 315-8, 340-2 situated at Thuvarankuruchi Village,Pattukkottai Taluk, Thanjavur District based on the Petitioner's representation dated 8.8.2014 within the time stipulated by this Court.

2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents 1 and 2.

3.By consent of both parties, the main Writ Petition itself is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 4.The case of the Petitioner is that the Petitioner's grand father Mariappa Konar had executed a 'will' in his name, in

respect of the properties in S.No.310-1, 325-6,352-8, 585-2, 58510, 324-1, 324-6, 315-8, 340-2, situated at Thuvarankuruchi Village,Pattukkottai Taluk, Thanjavur District and the Petitioner is now in possession and enjoyment of the above said properties. However since the patta stands in the name of his grand-father Mariappa Konar, the Petitioner had given a representation, dated 8.8.2014 to the second respondent to change the patta to his name. Though the representation was made as early as on 8.8.2014, no action has been taken till date. Hence the present Writ Petition is filed before this Court.

5.In view of the limited scope of the prayer sought for in this writ petition and without going into the merits of the claim made by the Petitioner, there shall be a direction to the second respondent to consider the petitioner's representation dated 08.08.2014 on its own merits and in accordance with law and pass orders after conducting an enquiry as contemplated under the Patta Pass-book Act within a period of three months from the date of receipt of a copy of this order. The second respondent while conducting such enquiry, shall give prior notice to all persons, who may be interested in the subject lands.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Thanjavur District.

2.The Tahsildar, Pattukkottai Taluk, Thanjavur District.

+1cc to M/S.V.Sasikumar, Advocate SR.No.9085 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO. 9224 Vsn SM:SV-MMS:27.02.2017:2p/5c W.P.(MD)No.2715 of 2017 17.02.2017 https://hcservices.ecourts.gov.in/hcservices/