Madras High CourtWP(MD)/19482/2016disposed of

K.Thangaraj, S/O.Kayampu v. The District Collector

2016-10-06Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.19482 of 2016 K.Thangaraj ... Petitioner Vs.

1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, Ramanathapuram Town, Ramanathapuram District.

3.The Deputy Zonal Thashildar-2, Ramanathapuram Town, Ramanathapuram District.

4.The Village Administrative Officer, Lanthai Group, Ramanathapuram, Ramanathapuram District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 2 to 4 to conduct the enquiry for cancelling the patta No.538 in Survey No.42/1 to an extent of 5 acre 21 cents in lanthai village in Ramanathapuram and assigned the patta to the petitioner in survey No.42/1 to an extent of 5 acre 21 cents in Lanthai village based on the records submitted by the petitioner on 29.08.2016 by considering the petitioner's representation, dated 29.08.2016, within a stipulated time. For Petitioner : Mr.D.Balamurugapandi For Respondents: Mr.R.Anandharaj, Government Advocate

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

2. By consent, the Writ Petition itself is taken up for final disposal.

3. The petitioner has filed this Writ Petition seeking a direction, directing the respondents 2 to 4 to conduct enquiry for cancelling the patta No.538 in Survey No.42/1 measuring to an extent of 5 acre 21 cents in lanthai village in Ramanathapuram and assigned patta to the petitioner by considering the petitioner's representation, dated 29.08.2016, within a stipulated time.

4. According to the petitioner, he is the owner of the above said land. Subsequently, the above said land has been subdivided. After sub-division, the name of one Udaiyan, S/o. Vallimadan has been wrongly entered in the patta. Hence, he has filed an application before the second respondent, on 29.08.2016, seeking to delete the name of the said Udaiyan. But, till date, no order has been passed in the said application. Hence, the petitioner has filed this Writ Petition.

5. Since the application filed by the petitioner, dated 29.08.2016, is pending with the second respondent, without going into the merits of the case, this Court directs the second respondent to consider the application of the petitioner, dated 29.08.2016 and pass suitable orders on the same, on merits and in accordance with law, after giving notice to all the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram, Ramanathapuram District. 2.The Tahsildar, Ramanathapuram Town, Ramanathapuram District. 3.The Deputy Zonal Thashildar-2, Ramanathapuram Town, Ramanathapuram District.

4.The Village Administrative Officer, Lanthai Group, Ramanathapuram, Ramanathapuram District. +1 CC to Mr.D.BALAMURUGA PANDI, Advocate, SR No.59454 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.60605 W.P(MD)No.19482 of 2016 06.10.2016 pm SH/SS-3:25.10.2016:2P/7C https://hcservices.ecourts.gov.in/hcservices/