A.Alagan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2018

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.20831 of 2018 A.Alagan .. Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, (Land Reform) (Melur Executive Magistrate),

(1) Y.Othakkadai, Madurai District.

.. Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to issue patta in favour of the petitioner herein, based on his representation dated 24.09.2018 and also earlier representation dated 03.07.2002, in respect of the land in Survey No.156 pt to an extent of 0.72 cents, vide MRIV 94A/17.70 MDR, dated 29.12.1980 situated at Kurinji Nagar, Tiruchunai Village, Melur Taluk, Madurai District. For petitioner : Ms.K.Malathi For respondents : Mr.R.Murugan, Additional Government Pleader

ORDER

This writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct the first respondent to issue patta in favour of the petitioner herein in respect of certain portion of the lands in Survey Nos.156 pt, based on his representation dated 24.09.2018.

2. The case of the petitioner is that the Special Tahsildar (Land Reforms) Madurai, vide proceedings in MRIV94A/17-70 MDR, dated 29.12.1980, has assigned a portion of the land in S.No.156 pt to an extent of 0.72 cents, situated at Kurinji Nagar, Tiruchunai Village, Melur Taluk, Madurai District, in favour of the petitioner and accordingly, an individual assignment order was issued to the petitioner in the year 1981. The petitioner has been enjoying the said land by paying property tax, etc. and by doing cultivating operation. Now, almost 38 years have gone from the date of assignment. The petitioner has also complied with all https://hcservices.ecourts.gov.in/hcservices/

the conditions mentioned in the assignment order. The grievance of the petitioner is that he has sent several representations to the respondents for grant of patta and last such representation is dated 24.09.2018, but, till date the respondents did not take any action on the same. Therefore, the petitioner has come up with this writ petition.

3. Heard the learned counsel appearing for both sides.

4. The learned Additional Government Pleader appearing for the respondents, on instruction, would submit that the representation of the petitioner, dated 24.09.2018, will be considered by the first respondent forthwith.

5. It is seen from the record that the petitioner has not submitted his representation, dated 24.09.2018, along with relevant records like, assignment order, etc. Considering the above and also considering the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the petitioner to submit a fresh representation, along with a copy of the relevant documents, to the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the first respondent shall consider the same and after giving sufficient opportunity to the petitioner, pass appropriate order on merits and in accordance with law within a period of six weeks thereafter.

6. This Writ Petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (AD-I) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, (Land Reform) (Melur Executive Magistrate),

(1) Y.Othakkadai, Madurai District.

+ 1 CC TO Ms.K.MALATHI, ADVOCATE IN SR No. 88457 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 88856 GCG TE/SV/SAR-4 : 26/10/2018 : 2P/5C Order made in W.P(MD)No.20831 of 2018 04.10.2018 https://hcservices.ecourts.gov.in/hcservices/