P.Rathinammal, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9583 of 2017 and W.M.P.(MD)No.7313 of 2017 P.Rathinammal ... Petitioner Vs.

1. The District Collector, Tirunelveli District.

2. The Tahsildar,(Patta) Taluk Office, Tirunelveli.

3. Balammal

4. Maalaiyappan

5. Shanmugagomathi

6. The Sub Registrar, Gangaikondan, Tirunelveli District. ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the second respondent to issue the rectified Patta No.1341 to an extent of 43.5 cents (0.17.81 Hectares) for the property situated at Gangaikondan Village, Tirunelveli District, instead of 0.15.00 Hectares issued by the second respondent to the petitioner within a time stipulated by this Court.

For Petitioner : Mr.V.Sasikumar For Respondents : Mr.T.R.Janarthanan Additional Government Pleader

O R D E R

This writ petition has been filed by the petitioner for issuance of a writ of Mandamus, directing the second respondent to issue the rectified Patta No.1341 to an extent of 43.5 cents (0.17.81 Hectares) for the property situated at Gangaikondan Village, Tirunelveli District, instead of 0.15.00 Hectares issued by the second respondent to the petitioner within a time stipulated by this Court.

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2.The learned Additional Government Pleader takes notice for the respondents 1, 2 and 6. In view of the order to be passed in this petition, notice to the respondents 3, 4 and 5 is dispensed with.

3.At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the representation of the petitioner, dated 27.03.2017, is directed to be disposed of, by the second respondent, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing on behalf of the respondents 1, 2 and 6 have no objection for such an order being passed by this Court.

5. In view of the averments made in the affidavit filed in support of this Writ Petition and in view of the submissions made by the learned counsel appearing on behalf of the petitioner, the second respondent is directed to consider and dispose of the representation of the petitioner, dated 27.03.2017, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording sufficient opportunity to the petitioner as well as the other interested persons, if any.

6. The Writ Petition stands disposed of with the above directions. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Vacation officer /True copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District.

2. The Tahsildar,(Patta) Taluk Office, Tirunelveli.

3. The Sub Registrar, Gangaikondan, Tirunelveli District.

+1 CC to Mr.V.SASIKUMAR, Advocate, SR No. 57185. MRN PSM/RSK/SAR4/31.05.2017/2P/5C W.P.(MD)No.9583 of 2017 24.05.2017 https://hcservices.ecourts.gov.in/hcservices/