Madras High CourtWP(MD)/16132/2019disposed of

Rama.Nachiappan v. The District Collector

2019-07-19Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16132 of 2019 Rama.Nachiappan ... Petitioner -Vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Karaikudi Taluk, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant patta in respect of the property in S.F.No.80/10 to an extent of 45 Cents situated at Amaravathi Village, Karaikudi Taluk, Sivagangai District in the petitioner's favour within a time stipulated by this Court, based on the petitioner's representation dated 28.06.2019.

For Petitioner : Mr.S.Madhavan For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents to grant patta in respect of the property in S.F.No.80/10 to an extent of 45 Cents situated at Amaravathi Village, Karaikudi Taluk, Sivagangai District, in favour of the petitioner, within a time stipulated by this Court, based on the petitioner's representation, dated 28.06.2019. 2.Heard Mr.S.Madhavan, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

3.With the consent of both sides, this writ petition is being disposed of at the admissions stage itself.

4.The petitioner, in respect of the land at Survey No.80/10 to an extent of 45 Cents situated at Amaravathi Village, Karaikudi Taluk, Sivagangai District, made a request to the respondent, especially, the third respondent on 28.06.2019 seeking patta. Since the said representation of the petitioner is pending with the third respondent, the learned counsel appearing for the petitioner submitted that a direction can be given to the third respondent to dispose of the said representation on merits and order can be directed to be passed, within a time frame to be stipulated by this Court.

5.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the third respondent would decide the said representation of the petitioner, dated 28.06.2019 on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any, within the time frame. 6.Considering the limited scope of the prayer sought for in this writ petition, having regard to the submissions made by both sides, this Court is inclined to dispose of this writ petition with the following directions:- "that the third respondent is hereby directed to consider the representation of the petitioner, dated 28.06.2019 and pass order thereon, on merits and in accordance with law, ofcourse after hearing the petitioner as well as the rival claimants, if any and final order shall be passed, within a period of six weeks from the date of receipt of a copy of this order." No costs.

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

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Karaikudi Taluk, Sivagangai District.

+1 CC to Mr.S.MADHAVAN, Advocate ( SR-76299[F] dated 19/07/2019 ) +1 CC to SPL GP ( SR-76649[F] dated 22/07/2019 ) Order made in W.P.(MD)No.16132 of 2019 19.07.2019 rmk MK (09.09.2019) 3P 6C