Madras High CourtWP(MD)/872/2017disposed of

C.A.Babu, v. The District Collector

2017-01-19Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 19.01.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.872 of 2017 C.A.Babu ..Petitioner Vs 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer/ Sub-Collector, Sivakasi, Virudhunagar District.

3.The Tahsildar, Sivakasi Taluk, Virudhunagar 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 third respondent to issue patta in respect of properties situated at S.Nos.33/2B, measuring an extent of 2 acres and 72 cents, S.Nos.233/2A, measuring an extent of one acre and 67 cents, S.No.33/2C, measuring an extent of 17 cents, S.No.33/1C, measuring an extent of eastern 37 cents out of 1 acre and 2 cents at Aanaiyur Village, Sivakasi Taluk, Virudhunagar District on the basis of the Petitioner's representations dated 19.09.2016 and 28.12.2016 within the time stipulated by this Court.

For Petitioner :M/s.C.Jeyaprakash For Respondents :Mr.C.Selvaraj 1 to 3 Special Govt.Pleader

ORDER

The Petitioner seeks for issuance of patta in respect of the lands referred to in the Writ Petition and to that effect, the Petitioner has also made two representations on 19.9.2016 and 28.12.2016.

https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.C.Selvaraj, learned Special Govt.Pleader takes notice for the respondents 1 to 3.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.According to the Petitioner, the property originally stood in the name of his mother, has come to his possession after her demise, since other legal heir namely one R.Giragalakshmi, sister of the Petitioner has given her consent for issuing patta in his name. Therefore, the Petitioner seeks for grant of patta in respect of the property referred to in the Writ Petition.

5.The said Giragalakshmi has not been arrayed as party in this Writ Petition. However, this Writ Petition is disposed of, without affecting the interest of the said Giragalakshmi by passing the following order:

6.The third respondent shall consider the representations of the Petitioner dated 19.9.2016 and 28.12.2016 and pass orders on the same on merits and in accordance with law, after conducting due enquiry and giving opportunity of hearing to the said Giragalakshmi and also other interested persons, if any. Such exercise shall be done by the third respondent within a period of twelve weeks from the date of receipt of a copy of this order.

7.This Court is not expressing any view on the claim made by the Petitioner, as it is for the third respondent to consider and decide.

8.No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer/ Sub-Collector, Sivakasi, Virudhunagar District.

3.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

+1cc to M/S Special Government Pleader, Sr No. 3093 vsn MAS/PM-JN:30.01.2017:2P/5C W.P(MD)No.872 of 2017 19.01.2017 https://hcservices.ecourts.gov.in/hcservices/