R.Muthuvel v. The District Collector

W.P.(MD) 17207/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17207 of 2019 R.Muthuvel ... Petitioner -Vs1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram.

3.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to issue patta for the petitioner's land for an extent of 3.5 acres in Survey No.4/1 of Keelakottai Village, Anjukottai Group, Thiruvadanai Taluk,Ramanathapuram District.

For Petitioner : Mr.R.Sevugaraja For Respondents : Mr.M.Rajarajan, Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents to issue patta for the petitioner's land for an extent of 3.5 acres in Survey No.4/1 of Keelakottai Village, Anjukottai Group, Thiruvadanai Taluk,Ramanathapuram District. 2.Heard Mr.R.Sevugaraja, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

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

4.The petitioner, in order to get patta for the land in Survey No.4/1 of Keelakottai Village, Anjukottai Group, Thiruvadanai Taluk,Ramanathapuram District, which is admittedly a poramboke land, had given representation to the respondents on 21.06.2019 and all that, the learned counsel appearing for the petitioner wants that, if the said representation is decided on merits and in accordance with law, in view of the stand taken by the petitioner that, the petitioner, from his forefathers, has been in possession and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) 17207/2019 enjoyment of the subject land, therefore, on that ground, he seeks patta and if such a decision is taken by the respondents, the petitioner would be satisfied.

5.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner would be decided on merits by the 1st respondent. However, as the land in question is, admittedly, a poramboke land, it is not a matter of right to seek patta by the petitioner, at any rate, on merits, the plea of the petitioner would be considered and orders would be passed thereon.

6.Having regard to the said submissions made by both sides and also considering the factual matrix of this case, this Court is inclined to dispose of this writ petition with the following direction:

"The respondents, especially, the 1st and 2nd respondents are hereby directed to consider the representation of the petitioner dated 21.06.2019 and decide the same and pass final orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order." 7.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The District Collector, Ramanathapuram District,Ramanathapuram.

2.The Revenue Divisional Officer,Ramanathapuram. 3.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

+1 CC to M/s.R.SEVUGA RAJA, Advocate ( SR-79916[F] dated06/08/2019 ) +2 CC to M/s.SPL GP ( SR-80003[F] dated 06/08/2019 ) & 79996 Order made in W.P.(MD)No.17207 of 2019 SMA/19/12/19/2P/7C Dated:05.08.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2