V.Maduraiveeran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR V.Maduraiveeran

...Petitioner

-Vs1.The District Collector, Collectorate Premises, Madurai District, Madurai.

2.The Tahsildar, Madurai East Taluk, Narasingam, Y.Othakadai Post, Madurai District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 17.12.2018 and consequently direct the second respondent to issue patta for the petitioner's property to the extent of 2.5 cents situated in Natham Old S.No.109, New S.No.162/1 in Ayilangudi Village, Madurai East Taluk, Madurai District.

For Petitioner : Mr.R.Rajendraprasad For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 17.12.2018 and consequently, direct the second respondent to issue patta for the petitioner's property to the extent of 2.5 cents situated in Natham Old S.No.109, New S.No.162/1 in Ayilangudi Village, Madurai East Taluk, Madurai District.

2.Heard Mr.R.Rajendraprasad, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

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3.With the consent of both sides, this writ petition is being disposed of at the admissions stage itself.

4.In order to get patta for 2.5 cents natham land at Old S.No.109, New S.No.162/1 in Ayilangudi Village, Madurai East Taluk, Madurai District, the petitioner had given a representation, dated 17.12.2018 to the second respondent and the same sofar has not been decided. Therefore, the petitioner is before this Court.

5.I have heard Mr.M.Rajarajan, learned Government Advocate appearing for the respondents, who would submit that, if at all, the petitioner given any representation with regard to his grievance for getting patta, the same can be decided only by the second respondent and since no representation has been given to the second respondent, the second respondent is not in a position to decide any. However, if the petitioner gives any fresh representation to the second respondent, that would be decided on merits.

6.Having regard to the said submission made by both sides, this Court is inclined to dispose of this writ petition with the following directions:- "that the petitioner shall give a copy of the representation given on 17.12.2018 to the second respondent office immediately, on receipt of the said representation, the second respondent shall consider and decide the same on merits and in accordance with law and pass final order thereon, within a period of six weeks from the date of receipt of a copy of this order."

No costs.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The District Collector, Collectorate Premises, Madurai District, Madurai.

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2.The Tahsildar, Madurai East Taluk, Narasingam, Y.Othakadai Post, Madurai District.

+1 CC to M/s.R.RAJENDRA PRASADH, Advocate ( SR-79526[F] dated 02/08/2019 ) +1 CC to M/s.SPL GP ( SR-79791[F] dated 05/08/2019 ) 02.08.2019 KM/(26.11.2019) 3P 5C 3/3