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Madras High CourtWP(MD)/14077/2016disposed of

A.Akkini, v. The District Collector,

2016-08-05Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 05.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.14077 of 2016 A.Akkini ..Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai East Taluk, Madurai 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 Petitioner's representation dated 23.6.2016 and issue patta in favour of the Petitioner in respect of the properties in UDR S.No.140/7, New. S.No.104/7 of Arumbanur-II Village, Madurai.

For Petitioner :M/s.S.Sukumar 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, the lands measuring an extent of 1 acre and 97 cents of Arumbanur II Village, Madurai in UDR S.No.140/7, New. S.No.104/7, originally belongs to his father Akkini Ambalam and he expired on 09.12.1995. During his father's life time, he reportedly mortgaged the property to one Veerapathiran. Since he failed to repay the amount, a suit in O.S.No.301 of 1986 was filed on the file of the Learned III Additional Sub-Judge, Tiruchirappalli and the same ended in his favour. Later, to realize the decree amount, an Execution Petition in E.P.No.235 of 1997 was filed(which was later transferred to the

file of the Learned I Additional Sub-Judge, Madurai). Further, after the demise of his father, the Petitioner was impleaded as party to the Execution Proceedings and later, properties in Arumbanur II Village, Madurai in UDR S.No.140/7, New. S.No.104/7, measuring an extent of 1 acre and 47 cents and other properties belong to his father were attached, in the aforesaid E.P proceedings.

5.The Learned Counsel for the Petitioner brings it to the notice of this Court that thereafter the Attachment Order, dated 5.3.1998 was passed and the property in UDR S.No.140/7, New. S.No.104/7 of Arumbanur-II Village, Madurai came into Court auction and and the said Veerapathiran purchased the property for a sum of Rs.85,100/- through Court Auction Sale, dated 26.4.2007 and the sale was confirmed on 13.11.2007. The Sale Certificate was also issued in his favour.

6.It comes to be known that finally, as per the proceedings in E.P.No.235 of 1997, on the file of the Executing Court, the said Veerapathiran became the absolute owner of the properties in UDR S.No.140/7, New. S.No.104/7 of Arumbanur-II Village, Madurai and subsequent to the issuance of Sale Certificate, the Petitioner purchased those properties from the said Veerapathiran, as per sale deed in Document No.4577 of 2010, on the file of Sub-Registrar, Otthakadai, Madurai. Since then, the Petitioner is the legal and absolute owner of the properties, by paying kists etc.

7.It transpires that in the meanwhile one P.N.Subramanian, Son of Nannaiyar and 9 others, projected a Civil Suit in O.S.No.75 of 2008 before the Trial Court in respect of the properties in UDR S.No.140/7, New. S.No.104/7 of Arumbanur-II Village, Madurai and the Auction Sale Deed, dated 26.4.2007 in E.P.No.235 of 1997 was set aside. Later in O.S.No.75 of 2008, the Petitioner was impleaded as a party to the proceedings. However, the suit ended in his favour as per judgement, dated 1.7.2016. From the dismissal of the suit, he is in possession as lawful owner of the properties. During the year 2011, the Petitioner made series of representations for issuance of patta in his favour in respect of the properties in UDR S.No.140/7, New. S.No.104/7 of ArumbanurII Village, Madurai and though he is regularly paying the Kist and tax possessing valid title deeds and Encumbrance Certificates in respect of the properties in question, the Second Respondent is not forwarding his representations.

8.The grievance of the Petitioner is that his representation, dated 23.6.2016 is to be considered, addressed to the Second Respondent, in his favour. Since no action has been taken on his representation, dated 23.6.2016, he has filed the present Writ Petition before this Court.

9.Considering the fact that the Petitioner's representation, dated 23.6.2016 is pending on the file of the Second Respondent/The Tahsildar, Madurai East Taluk, Madurai District, at this stage, this Court, without traversing upon the merits and contents of the representation of the Petitioner, dated 23.6.2016 and also not going deep into the contents of the representation of the Petitioner, at this stage, simpliciter, 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 23.6.

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 three weeks thereafter. It is open to the Petitioner to produce copies of all necessary/relevant documents before the Second Respondent/The Tahsildar, Madurai East Taluk, Madurai District 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 23.6.2016.

The Petitioner is directed to lend his assistance and co-operation in this regard, to the Second Respondent, in disposing of his representation dated 23.6.2016, within the time specified by this Court.

10.With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar vsn To 1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Madurai East Taluk, Madurai District. +1CC to Mr.S.Sukumar, Advocate Sr.No.42359 +1CC to Spl.Government Pleader Sr.No.42604 GJM/KBM/12.8.16-3p-5c W.P(MD)No.14077 of 2016 05.08.2016