Madras High CourtWP(MD)/13894/2016disposed of

P.Thandapani, v. The District Collector,

2016-08-04Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.13894 of 2016 P.Thandapani ... Petitioner Vs.

1.The District Collector, Collectorate Campus, Velunatchiyar Campus Dindigul District.

2.The Tahsildar, Dindigul West Taluk, Dindigul, Dindigul District.

... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 13.06.2016 and to provide Patta for Village Natham situates in Dindigul District, Dindigul West Taluk, Palakkanoothu Village, Natham S.F. (Old) No.812 and New No.1248/2.

For Petitioner : Mr.S.Karthick Subramanian For Respondents : Mr.J.Gunaseelan Muthiah Govt. Advocate

O R D E R

Heard both sides.

2. By consent, 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 having a thatched house in S.F.(old).No.812 and New No.1248/2 of Thatharkavundanur, Nalupulikkottai, Palakkanoothu Village, Dindigul West Taluk. Originally his grandfather viz., Pethan constructed a thatched house in the above said Natham land and lived there. After his demise, his father peacefully enjoyed the house and land in the above said village. Soon after his demise, the petitioner is peacefully living in the aforesaid land and enjoying the same by paying necessary taxes and incidental charges.

5. The stand of the petitioner is that he hails from a poor family background and he is having only the aforesaid land and house and as such, he applied for the patta in respect of the above said land and house. The petitioner made several representations to the respondents particularly on 13.12.2015 and 13.06.2016. However, none of his https://hcservices.ecourts.gov.in/hcservices/

representations were considered by the respondents. Hence, he filed the present writ petition.

6. Considering the fact that the petitioner's representations particularly made on 13.12.2015 and 13.06.2016, are pending before the second respondent/Tahsildar, Dindigul West Taluk, Dindigul District, in the subject matter in issue, this Court, at this stage, without expressing any opinion on the merits and contents of the representation of the petitioner so made, simpliciter, directs the second respondent/Tahsildar, Dindigul West Taluk, Dindigul District to look into the representation of the petitioner dated 13.06.2016, within a period of one week from the date of receipt of copy of this order.

Thereafter, the second respondent/Tahsildar, Dindigul West Taluk, Dindigul District is to dispose of the same by passing a speaking, reasoned 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 three weeks. The petitioner is also required to lend his assistance and co-operation to the second respondent/Tahsildar, Dindigul West Taluk, Dindigul District, so as to enable him to do the needful in the subject matter in issue.

7. With the aforesaid observation(s) and direction(s), the writ petition stands disposed of. No costs.

Sd/ Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Collectorate Campus, Velunatchiyar Campus Dindigul District.

2.The Tahsildar, Dindigul West Taluk, Dindigul, Dindigul District.

+1cc to Special Government Pleader in SR.No.41896 +1cc to M/S.S.Karthick Subramanian, Advocate in SR.No.42490 Writ Petition (MD).No.13894 of 2016 04.08.2016 vs PA/ARK-PV/SAR I/10.08.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/