Perumal, S/O.Karuthan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2017

CORAM:

THE HON'BLE Mr.JUSTICE V.PARTHIBAN W.P.(MD) No.3992 of 2017 Perumal ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirangam Division, Vanangkovil, 3.The Tashildar, Marungapuri Taluk, ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus thereby directing the respondents to pass orders on my patta application dated 19.12.2016 for granting patta in survey No.247/3 measuring an extent of 0.68 cents and survey No.247/4 measuring an extent of 1.04 cents in the Muthalarpatti Village, Marungapuri Taluk, Trichy District in favour of me within the stipulated time as fixed by this Court.

For Petitioner : Ms.C.Bharathi For Respondents : Mr.Mahesraja Government Advocate

O R D E R

The petitioner seeks for a Mandamus directing the respondents to pass orders on his patta application dated 19.12.2016 for granting patta in survey No.247/3 measuring an extent of 0.68 cents and survey No.247/4 measuring an extent of 1.04 cents in the Muthalarpatti Village, Marungapuri Taluk, Trichy District in favour of him.

2.According to the petitioner, he was granted assignment in proceedings T.Ka.No.3997/92 in Survey No.247/3 measuring an extent of 0.68 cents and survey No.247/4 measuring an extent of 1.04 cents in the Muthalarpatti Village, Marungapuri Taluk, Trichy District. Pursuant to the above stated assignment, the petitioner is in possession and enjoyment in the above-said assignment property peacefully. According to the petitioner, necessary tax for the property has also been paid without any arrears till date. 3.In the above said circumstances, the petitioner has filed an application for grant of patta. However, till date, no action has been taken on the application filed by the petitioner. Therefore, the petitioner has come before this Court for the relief as stated supra.

4.The learned counsel appearing for the petitioner would submit that it would suffice if the application of the petitioner for grant of patta is disposed of by the third respondent/Tahsidar, on merits and in accordance with law, within the time stipulated by this Court.

5.The learned Government Advocate appearing for the respondents would submit that the said proceedings will be considered in accordance with law.

6.Considering the limited scope of the prayer sought for in this writ petition, without going into the merits of the claim made by the petitioner, the third respondent/Tahsildar is directed to pass appropriate orders on the application submitted by the petitioner dated 19.12.2016, on merits and in accordance with law, after hearing the rival claimants, if any, within a period of eight weeks from the date of receipt of a copy of this order. 7.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirangam Division, Vanangkovil,

3.The Tashildar, Marungapuri Taluk, +1 cc to The Special Government Pleader in SR.No.13486 +1 cc to M/s.C.Bharathi, Advocate in SR.No.13617 skn CSL/SKN-RSK/20.03.2017 :3P/6C W.P.(MD) No.3992 of 2017 08.03.2017