Madras High CourtWP(MD)/8077/2017disposed of

A.Chinnappan v. The Sub Collector

2017-04-28Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.8077 of 2017 A.Chinnappan ..Petitioner Vs 1.The Sub Collector, Devakottai, Sivagangai District.

2.The Thasildar, Karaikudi, Sivagangai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd Respondent to grant patta in the petitioner name as per the judgment passed in O.S.No.225 of 1988. For Petitioner :Mr.V.Karuna For Respondents 1 & 2 :Mr.M.Alagathevan Special Government Pleader

ORDER

The petitioner has approached this Court seeking a direction to the 2nd Respondent to grant patta to the petitioner as per the judgment passed in O.S.No.225 of 1988.

2.Heard Mr.V.Karuna, the learned counsel for the petitioner and Mr.M.Alagathevan, the learned Special Government Pleader for the respondents.

3.According to the petitioner, he has constructed a house in an extent of 40.50 ares in S.No.372/7 in Koomatchipatti Village, Sembanur Group, Karaikudi Taluk, which belongs to his father Arullananthu. According to the petitioner, some third parties are attempting to disturb his peaceful possession and enjoyment. Therefore, he was constrained to file a suit in O.S.No.225 of 1988 in the District Munsif Court, Sivagangai and the suit was decreed in his favour on 12.06.1991. After the suit was decreed, the petitioner filed a petition on 24.05.2014 to the first respondent for mutation of records in respect of the petitioner. The first https://hcservices.ecourts.gov.in/hcservices/

respondent directed the second respondent to mutate the revenue records. In this connection a number of representations seem to have been submitted by the petitioner. However, till date no action has been forthcoming from the second respondent. In the above circumstances, the petitioner has approached this Court for issuance of a Writ of Mandamus, directing the second respondent to issue patta.

4.Upon notice, Mr.M.Alagathevan, the learned Special Government Pleader entered appearance for respondents and according to him, he has no objection to issue a direction to the second respondent for consideration of the representation of the petitioner on the basis of the recommendations made by the first respondent 5.Considering the submissions made on behalf of the learned counsels appearing for the parties, this Writ Petition is disposed of with a direction to the second respondent to consider and dispose of the representation of the petitioner said to have been made for mutation of revenue records in his favour on the basis of the recommendations of the 1st respondent, within a period of 8 weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Sub Collector, Devakottai, Sivagangai District.

2.The Thasildar, Karaikudi, Sivagangai District.

+One cc to The Special Government Pleader, SR.No.55222 +One cc to Mr.V.Karuna, Advocate, SR.No.55288 sj RL/5C/2P/MR/SAR3/18.5.2017 W.P(MD)No.8077 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 28.04.2017