P.Palaniammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.15821 of 2016 P.Palaniammal ... Petitioner Vs.

1.The District Collector, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Taluk Office, Manachanallur, Trichy District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus directing the respondents to take necessary action to issue patta to the Petitioner for S.No.151 measuring 21 cents and S.No.138/4B measuring 15 cents situated at Vengakudi Village, Mannachanallur Taluk, Trichy District by considering the Petitioner's representation, dated 20.07.2016.

For Petitioner : Mr.N.Mohan For Respondents : Mr.S.Kumar, Additional Government Pleader

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 Respondents.

2. According to the Petitioner, she is struggling to get patta for the past several years. She had approached the Respondents on numerous occasions for obtaining patta. In this regard, she had given a representation to the Respondents on 16.06.2016 in the Jamabandhi held in her town. However, no action was taken by the Respondents. As a result thereof, she projected another representation, dated 01.07.2016 to the Respondents followed by a reminder on 20.07.2016 seeking issuance of patta and to take appropriate action based on her representation.

3. In fact, the Sub-Collector, Lalgudi, had forwarded the communication, dated 13.07.2016 to the Third Respondent to take appropriate action on the Petitioner's representation, for issuance of patta. Since no action was taken by the Third Respondent, the Petitioner sent another reminder on 20.07.2016. Finally, he has filed the present Writ Petition before this Court.

4. Considering the fact that the Petitioner's representation beginning from 16.06.2016 till 20.07.2016 addressed to the concerned Authorities had not given with any positive response till date, at this stage, this Court in the interest of justice, fair play, directs the Third Respondent/Tahsildar, Mannachanallur, Tirchy District, to look into the representation of the Petitioner, dated beginning from 16.06.2016 till 20.07.2016 and to dispose of the same on merits, by passing a reasoned speaking order, within a period of six weeks from the date of receipt of a copy of this Court (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 Third 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 Third 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 Third Respondent without any haziness or hesitation, as expeditiously as possible, so as to enable the Third Respondent, 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 her assistance and instinted co-operation to the Third 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 II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Taluk Office, Manachanallur, Trichy District.

+1cc to Mr.N.Mohan, Advocate Sr.No.46779 +1cc to special Government Pleader SR.No.47413 pm sm:CK:07/09/2016:3P/6C W.P(MD)No.15821 of 2016 24.08.2016