Muthuramalinam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD).No.5232 of 2017 Muthuramalingam : Petitioner vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

3. Munieeswari : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondents to issue patta in petitioner's name in respect of the properties comprised in Survey No.53/8A, 69/11, 60/3, situated at Keelasivankulam, Paramakudi Taluk, Ramanathapuram District and in respect of the house bearing door No.3/95 situated at Keelasivankulam, Paramakudi Taluk, Ramanthapuram District. For Petitioner : Mr.V.Santhakumaresan For R1 & R2 : Mr.M.Alagathevan Spl.Govt. Pleader

O R D E R

*********** The petitioner has come up with the present writ petition seeking for issuance of writ of Mandamus to direct the respondents 1 and 2 to issue patta in the name of the petitioner in respect of the properties in Survey No.53/8A, 69/11, 60/3 situated at Keelasivankulam, Paramakudi Taluk, Ramanathapuram District.

2.The case of the petitioner is that he is the successful bidder in the public auction conducted by the District Munsif, Paramakudi in E.P.No.2 of 2006. A sale certificate was issued to https://hcservices.ecourts.gov.in/hcservices/

the petitioner on 13.03.2009 and with an aid of police, the possession was handed over to the petitioner. Since then, the petitioner has been in possession and enjoyment of the same. 3.The grievance of the petitioner is that though he approached the official respondents, the patta in respect of the property was not transferred in his name.

4.Mr.V.Santhakumaresan, learned counsel appearing for the petitioner would submit that the petitioner has given a representation to the second respondent on 20.12.2016 and it would suffice, a direction given to the second respondent to consider the representation of the petitioner.

5.Heard Mr.V.Santhakumaresan, learned counsel appearing for the petitioner and Mr.M.Alagathevan, learned Special Government Pleader appearing for the respondents 1 & 2. 6.Considering the facts of the case and the submission of the learned counsel for the petitioner, the writ petition is disposed of with a direction to the second respondent to consider the representation of the petitioner, dated 20.12.2016 and take action in accordance with law preferably, within a period of 10 days from the date of receipt of a copy of this order, after providing necessary opportuny to the parties. No costs. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

+1 CC to M/s.V.Santhakumaresan, Advocate, SR No. 62023. AM PSM/SKN-RSK/SAR4/05.07.2017/2P/4C W.P(MD)No.5232 of 2017 23.06.2017 https://hcservices.ecourts.gov.in/hcservices/