Madras High CourtWP(MD)/2743/2017disposed of

M.A.Thajudeen 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. 2743 of 2017 M.A.Thajudeen ... Petitione vs.

1.The District Collector, Trichy District, Trichy.

2.The Thasildar, Manaparai, Trichy 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 2nd respondent to provide separate patta to him for the Survey No. 576/8, Patta No.1344 measuring a total extent 0.01.5 Ares of Pudhanatham Village, Manaparai Taluk, Trichy District, by considering the petitioner's representation, dated 09.02.2017 within the time stipulated by this Court. For Petitioner : Mr.A.Prasanna Raja Durai for M/s.S.Muthalraj For Respondents 1& 2 : Mr.C.Selvaraj Special Government Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the 2nd respondent to provide separate patta to him for the Survey No. 576/8, Patta No.1344, measuring a total extent 0.01.5 Ares of Pudhanatham Village, Manaparai Taluk, Trichy District, by considering the petitioner's representation, dated 09.02.2017 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. 4.The limited prayer sought for in this Writ Petition is to consider his representation, dated 09.02.2017 to provide separate patta for the above said lands. Since the said representation has not been considered till date, the Petitioner has filed the present Writ Petition before this Court.

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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 09.02.2017 on its own merits and in accordance with law after conducting an enquiry as contemplated under the Patta Pass-book Act and by giving notice to the Petitioner's brothers namely, Abdul Salam and Jafarullah and pass orders on the same as expeditiously as possible.

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

Sd/- Assistant Registrar[CS-I] /True copy/ Sub Assistant Registrar To 1.The District Collector, Trichy District, Trichy.

2.The Thasildar, Manaparai, Trichy District.

+1cc to M/S.Na.Palaniyandi,Advocate,SR.8887 +1cc to Special Government Pleader,SR.9223 W.P.(MD)No. 2743 of 2017 17.02.2017 VSN KK-BS-24.02.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/