Madras High CourtWP(MD)/15808/2016disposed of

D.Ganesan v. The Tahsildar

2016-08-24Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.15808 of 2016 D.Ganesan ... Petitioner Vs.

The Tasildhar, Manamadurai Taluk, Sivagangai District. ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus directing the Respondent to issue patta for petitioner's property situated at Door No.382-D, Natham survey No.461/8, an extent of 2 1⁄2 cents (Vagudi Group), Anniyendhal Village, Manamadurai Taluk, Sivagangai District, by considering the Petitioner's representation, dated 08.06.2012, within the period stipulated by this Court.

For Petitioner : Mr.A.Hajamohideen For Respondent : Mr.J.Gunaseelan Muthiah, Government Advocate

O R D E R

Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal. No counter-affidavit is filed on behalf of the Respondent.

2. According to the Petitioner, he had constructed a pucca concrete house in Survey No.461/8 situated at Door No.382-D(Vagudi Group), Anniyendhal Village, Manamadurai Taluk, Sivagangai District. He is in possession and enjoyment of the said property and doing agricultural activities. His father V.Durairaj died ten years ago and thereafter, he is in exclusive use, occupation and possession. Further, he is in enjoyment of the said property. As a matter of fact, the said property is a thatched roof house. Only at later point of time, he had put up/constructed a pucca concrete house by raising various loans. His property is assessed to property tax and he has continuously paid the said tax. The Property tax receipt No.448 was issued by Manamadurai Vagudi panchayat. He has a electricity service connection. He is the only heir for the said property.

3. The grievance of the Petitioner is that he had addressed a representation, dated 08.06.2012 to the Respondent,/Tahsildar, Mandamadurai Taluk, Sivagangai District, praying for issuance of patta in respect of the property situated at Door No.382-D, Natham Survey No.461/8 measuring an extent of 2 1⁄2 cents (Vagudi Group), Anniyendhal Village, Manamadurai Taluk, Sivagangai District. However, the said representation is pending for consideration, without any disposal or significant progress till date. Hence, he has filed the present Writ Petition before this Court.

4. Considering the fact that the Petitioner's representation, dated 08.06.2012, addressed to the Respondent/Tahsildar, Manamadurai Taluk, Sivagangai District, is pending for consideration till date without any significant progress or disposal, at this stage, this Court, without expressing any opinion on the merits and contents of the representation of the Petitioner, dated 08.06.

2012, simpliciter, directs the Respondent/Tahsildar, Manamadurai Taluk, Sivagangai District, to look into the representation of the Petitioner and to dispose of the same within a period of six weeks from the date of receipt of a copy of this order, by passing a reasoned speaking order on merits (Of course after adhering to the Principles of Natural Justice by issuing notice to the Petitioner and others concerned if any, who are interested in the subject matter in issue).

In case, the Respondent is in need of any copy of relevant records/certified copy of documents, as the case may be, then, it is open to the Respondent to call for such records/documents from the possession of the Petitioner by means of issuance of memo/notice and soon after receipt of such memo/notice, it is incumbent on the part of the Petitioner to comply with the plea/request made by the Respondent without any haziness or hesitation, as expeditiously as possible, so as to enable the Respondent/Tahsildar, Manamadurai Taluk, Sivagangai District, to do the needful, within the time adumbrated by this Court, as stated supra. Needless for this Court to make a significant mention that the Petitioner is to render his assistance and instinted co-operation to the First Respondent in the subject matter in issue.

With the above said Direction(s)/Observation(s), this Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar(CS I) /True copy/ Sub Assistant Registrar

To The Tasildhar, Manamadurai Taluk, Sivagangai District.

+1cc to Mr.A.Hajamohideen, Advocate Sr.No.47041 +1cc to special Government Pleader SR.No.47424 pm sm:CK:07/09/2016:3P/4C W.P(MD)No.15808 of 2016 24.08.2016