L.K.S.Mohammed Ali, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 18.08.2016
CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.15130 of 2016 L.K.S.Mohammed Ali ..Petitioner Vs 1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Srirangam Division, 3.The Tahsildar, Manaparai, ..Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to issue free house site patta to the Petitioner in respect of property comprised in New S.No.561/10(Old S.No.304/1) measuring an extent of 1292 sq.ft, Puthanatham Village, Manapparai Taluk, Trichy District, by considering the Petitioner's representation dated 9.8.2016.
For Petitioner :M/s.A.Joel Paul Antony For Respondents :Mr.J.Gunaseelan Muthiah 1 to 3 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, he purchased a land in New S.No.561/10(Old S.No.304/1) measuring an extent of 1292 sq.ft, Puthanatham Village, Manapparai Taluk, Trichy District from one K.Abu Buckker and Umar Kathaf on 29.5.2013 and they were in
possession of the said land for many decades. After his purchase, his property was assessed with house-tax and is having electricity connection in the above said property. Further, the Petitioner is regularly paying all the charges without any default. While so, he made a detailed representation to the Respondents on 9.8.2016 seeking issuance of patta in regard to the above said property through Registered Post and through E.Mail to the Third Respondent in this regard. Till date, the Respondents have not considered the Petitioner's request for issuance of free house site patta, for the reasons best known to them. The land is classified as a Grama Natham.
5.Considering the fact that the Petitioner's representation, dated 9.8.2016 is pending on the file of the Respondents, without any progress or disposal, this Court, in the interest of justice, Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the Third Respondent/The Tahsildar, Manapparai, Trichy District to consider the representation of the Petitioner, dated 9.8.2016 and 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 six weeks from the date of receipt of a copy of this order.
It is open to the Petitioner to produce copies of all necessary/relevant documents before the Third Respondent/The Tahsildar, Manapparai, Trichy District and the Third Respondent in turn shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 9.8.2016. The Petitioner is directed to lend his assistance and co-operation to the Third Respondent, in disposing of his representation, dated 9.8..2016 within the time fixed by this Court, as stated supra. 6.With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar vsn To 1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Srirangam Division,
3.The Tahsildar, Manaparai, +1 cc to Mr.A.Joel Poul Antony ,Advocate, Sr.No: 45509 +1cc to M/S Special Government Pleader, Sr No. 45358 jam/29.08.16/SK-SKN/3p-6c W.P(MD)No.15130 of 2016 18.08.2016