A.Chinnaiah, S/O.Ayyavoo, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 03.08.2016
CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.13803 of 2016 A.Chinnaiah ..Petitioner Vs 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Tahsildar, Avudaiyarkovil 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 second respondent to consider the application dated 31.3.2016 and to issue the patta in the Petitioner's name for the nanja land bearing S.No.85/1 measuring an extent of 1.21.0 hectares situated at Amaradakki Group, Avudaiyarkovil Union, Pudukkottai District within the time stipulated by this Court. For Petitioner :M/s.M.Ramu 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 the absolute owner of the property bearing S.No.85/1, measuring an extent of 1.21.0 hectares situated at Amaradakki Group, Avudaiyarkovil Union, Pudukkottai District. He purchased the property by means of registered sale deed, dated 11.3.2016, vide Document No.156/16 from one K.Rajakumari, who inherited the above property from her father and the revenue documents also stands in her name.
5.The stand of the Petitioner is that he applied before the Second Respondent/The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District praying for issuance of patta in his name, together with necessary documents through his representation dated 21.3.2016. However, there was no response and therefore he sent a detailed reminder on 31.3.2016, which was received by the Second Respondent on 4.4.2016. However, his representation dated 21.3.2016 and the reminder dated 31.3.2016, have not met with any positive result. 6.The clear-cut plea of the Petitioner is that he is eligible to obtain patta in his name and because of the in-action on the part of the Second Respondent, he filed the present Writ Petition. 7.Considering the fact that the Petitioner's representation, dated 21.3.2016 and the reminder, dated 31.3.
2016 have not met with any positive response from the Second Respondent/The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District, at this stage. this Court, in the interest of justice, Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the Second Respondent to look into the representation of the Petitioner, dated 21.3.2016 within a period of one week from the date of receipt of a copy of this order and thereafter, to dispose of the same by passing a reasoned speaking order, 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 four weeks thereafter.
It is open to the Petitioner to produce copies of all necessary/relevant documents before the Second Respondent and the Second Respondent in turn shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 21.3.2016.The Petitioner is directed to lend his assistance and cooperation to the Second Respondent, in disposing of his representation dated 21.3.2016 within the time adumbrated by this Court.
8.With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(T&P) /TRUE COPY/ Sub Assistant Registrar
To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District.
+1cc to Mr.M.RAMU,ADVOCATE SR NO: 41500 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO:41555 JA-DB-10.08.2016/3P:5C W.P(MD)No.13803 of 2016 03.08.2016