Stephan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14620 of 2016 Stephen :Petitioner Vs.

1.

The District Collector, Kanyakumari District at Nagercoil.

2.

The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

:Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to issue patta in favour of the petitioner based on the petitioner's application, dated 11.07.2016. For petitioner :

Mr.H.Velavadhas For Respondents :

Mr.J.Gunaseelan Muthaiah, Government Advocate

O R D E R

********** The Petitioner Mr.Stephen claiming to be the owner of the land in question covered in R.S.No.7/5, situated at Kanyakumari Village, Agasteeswaram Taluk, Kanyakumari District, having total extent of 10 cents, by virtue of a registered sale deed executed by one Mr.Balasubramanian, S/o.Palaniya Pillai, has made an application on 11.07.2016 to the second respondent marking a copy to the first respondent for issuance of patta in his favour for the above mentioned property as he is in possession and enjoyment of the same.

2. It is pertinent to note that the revenue records including A-register shows the petitioner's name.

Therefore, the application given by him for issuance of 'patta' should have been considered positively in his favour. As it is not been taken up by the Tahsildar, he has come to this Court.

3. The learned Government Advocate after taking notice on behalf of the respondents, seeks four weeks time to consider the representation of the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above, without expressing any opinion on the merits of the case of the petitioner, this Court directs the second respondent to consider the application made by the petitioner, dated 11.07.2016, for issuance of patta in his favour in respect of the land in question, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.

The District Collector, Kanyakumari District at Nagercoil.

2.

The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

+1cc to M/S.H.Velavadhas, Advocate SR.No.43888 +1cc to Special Government Pleader SR.No.44141 W.P.(MD)No.14620 of 2016 11.08.2016 PM SD/DB/23.08.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/