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Madras High CourtWP(MD)/16893/2019disposed of

Muthuramalingam v. The District Collector

2019-07-31Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16893 of 2019 Muthurmalingam

...Petitioner

-Vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub-Collector, Cheranmahadevi, 3.The Tahsildar, Radhapuram Taluk,

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to issue patta in his name to the property admeasuring of 0.77.0 hec in survey No.489 at Veppilankulam Village, Radhapuram Taluk, Tirunelveli District on the basis of petitioner's representation dated 21.05.2019.

For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.V.Anand Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents to issue patta in the petitioner's name to the property admeasuring of 0.77.0 hec in Survey No.489 at Veppilankulam Village, Radhapuram Taluk, Tirunelveli District, on the basis of petitioner's representation, dated 21.05.2019. 2.Heard Mr.S.R.Anbarasu, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.By consent of both parties, the writ petition is taken up for final hearing at the admission stage itself.

4.In order to get patta for the land at Survey No.489 at Veppilankulam Village, Radhapuram Taluk, Tirunelveli District, the petitioner has given a representation on 21.05.2019 to the first respondent and in this regard, it is the submission of the learned counsel appearing for the petitioner that, if the said representation is decided on merits and in accordance with law, within a time frame to be stipulated by this Court, the petitioner would be satisfied.

5.I have heard Mr.V.Anand, learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner, dated 21.05.2019 would be considered and decided by the third respondent, who is the competent authority to decide the same, on merits and in accordance with law, within a time frame to be stipulated by this Court. 6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following directions:- "that the third respondent is hereby directed to consider the representation of the petitioner, dated 21.05.2019 and pass order thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. In this regard, if there is any rival claimants, they can also be heard along with the petitioner."

No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub-Collector, Cheranmahadevi,

3.The Tahsildar, Radhapuram Taluk, +1 CC to M/s.SPL GP ( SR-79277[F] dated 01/08/2019 ) +1 CC to M/s.S.R.ANBARASU, Advocate ( SR-78775[F] dated 31/07/2019 ) W.P.(MD)No.16893 of 2019 31.07.2019 rmk JMN(12.09.2019) 3P : 6C