Madras High CourtWP(MD)/461/2017disposed of

Jeyaprakash v. The Director/ Commissioner Of

2017-01-10Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.461 of 2017 Jeyaprakash .. Petitioner vs.

1.The Director/Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Thiruvengadam Taluk, Tirunelveli District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the first respondent to grant patta to this petitioner, in the names of his mother Rengalakshmi and brothers Rengaraj, Vijayaraj, and Rejesh Kannan (legal heirs of the deceased Rengasamy) jointly, for the natham lands of an extent of .00201 hectrate in 2 lots (as 1184.6 sq.ft and 880.8 sq.ft) in S.No.227/2 in Naduvapatti village, in Sankarankovil Taluk, in Tirunelveli District, within a time frame, fixed by this Court.

For Petitioner : Mr.F.X.Eugene For Respondents : Mr.A.Muthukaruppan Additional Government Pleader ******

O R D E R

The petitioner seeks for a Mandamus directing the first respondent to grant patta to the petitioner and other family members for the lands referred to in the writ petition. 2.It appears that earlier the very same petitioner approached this Court and filed W.P(MD)No.10191 of 2015 seeking for the very same relief, wherein an order came to be passed on 23.06.2015 directing the Tashildar to pass appropriate orders on the https://hcservices.ecourts.gov.in/hcservices/

petitioner's representation on merits and in accordance with law. Thereafter, the Tahsildar passed an order on 05.04.2016 rejecting the request of the petitioner. Without challenging the said order, the petitioner once again made representation seeking for grant of patta, which representation is sought to be disposed of through this writ petition.

3.I do not think the petitioner is justified in making the representation once again without challenging the order dated 05.04.2016 passed by the third respondent. Accordingly, this writ petition is disposed of by giving liberty to the petitioner to challenge the order of Tahsildar dated 05.04.2016 in a manner known to law before the appropriate forum. Needless to say that if any challenge is made by the petitioner, the same shall be considered on its own merits and in accordance with law, after hearing the rival claimants, if any. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Director/Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Thiruvengadam Taluk, Tirunelveli District.

+1 cc to Mr.F.X.EUGENE , Advocate, Sr.No:2109 +1cc to M/S Special Government Pleader, Sr No.1973 skn MAS/GSV-SV:27.01.2017:2P/6C W.P(MD)No.461 of 2017 10.01.2017 https://hcservices.ecourts.gov.in/hcservices/