V.Mokkaiah v. The District Collector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 16.03.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.4442 of 2017 V.Mokkaiah ..Petitioner Vs 1.The District Collector of Pudukkottai District, Collectorate Complex, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Thirumayam, Pudukkottai 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 dispose of the Petitioner's petition dated Nil of 2016 for the conversion of classification as Natham and issue of patta within the time stipulated by this Court in respect of the property bearing Old.S.No.141/2 and New S.No.865/3, Lempalakkudi Village, Thirumayam Taluk, Pudukkottai District and also in pursuance of the proceedings in O.Mu.4453/2016/D2 of the first respondent and also the reminder petition of the Petitioner dated 24.2.2017.

For Petitioner :M/s.V.Sithanranjandas For Respondents :Mr.M.Alaguthevan Special .Govt.Pleader

ORDER

The Petitioner has approached this Court seeking issuance of a Writ of Mandamus directing the second respondent to dispose of the Petitioner's petition dated Nil of 2016 for the conversion of classification as Natham and issue of patta within the time stipulated by this Court in respect of the property bearing Old.S.No.141/2 and New S.No.865/3, Lempalakkudi Village, Thirumayam Taluk, Pudukkottai District and also in pursuance of

the proceedings in O.Mu.4453/2016/D2 of the first respondent and also the reminder petition of the Petitioner dated 24.2.2017. 2.Mr.M.Alaguthevan, learned Special Government Pleader takes notice for the respondents 3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.The Petitioner is a permanent resident of Pillapatti Village, Thirumayam Taluk, Pudukkottai District. He is in possession and enjoyment of the property, measuring an extent of 40 cents and he put up a house in Old.S.No.141/2 and New S.No.865/3, Lempalakkudi Village, Lempalakkudi Taluk, Pudukkottai District and in the remaining area, there is a chow-shed and Hay-stack. According to the Petitioner, the said property was assessed with property tax and he has been paying the tax without any default.

The Petitioner submits that the property was classified as a Poramboke during UDR Scheme and Natham Survey and his possession and enjoyment was recognized by the Revenue Authorities. In view of the long possession,enjoyment and usage of the land, the Petitioner claims that he is entitled for the house-site patta after conversion or classification. In this connection, the Petitioner said to have submitted a representation in the year 2016. The first respondent called for a report from the third respondent by proceedings, dated 11.5.2016.The Petitioner has also sent a reminder on 24.2.2017 for classification of land as Natham and for issuance of patta. The representation and the reminder are pending without any decision taken thereon. Therefore the Petitioner has approached this Court for issuance of Mandamus for the relief stated supra. 5.

The learned Special Government Pleader appearing for the respondents has no objection to consider the representation of the Petitioner by the authorities concerned, within the time limit fixed by this Court.

6. Considering the limited scope of the prayer sought for by the Petitioner and without expressing any view on the merits of the claim made by the Petitioner and that the learned Special Government Pleader appearing for the respondents has no objection to consider the representation of the Petitioner, the second respondent is directed to consider the representation of the Petitioner submitted in the year 2016 followed by a reminder, dated 24.2.2017 and pass orders on the same, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector of Pudukkottai District, Collectorate Complex, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Thirumayam, Pudukkottai District.

+One cc to The Special Government Pleader, SR.No.15535 +One cc to Mr.V.Sitharanjandas, Advocate, SR.No.15246 vsn RL/6C/3P/SKN/27.3.2017 W.P(MD)No.4442 of 2017 16.03.2017