C. Thangapandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2019

CORAM:

THE HONOURABLE Mr.JUSTICE R.SURESH KUMAR C.Thangapandi ...

Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, 3.The Tahsildar, Taluk Office, Peraiyur, ...

Respondents Prayer: The petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue patta for the property in S.No.413/1A, 413/1B, 413/2, 413/3, 413/3B situated at Kudisery Village, Peraiyur Taluk, Madurai District to the petitioner alone based on his representation dated 03.11.2018 within a time frame to be fixed by this Court. For Petitioner : Mr.T.Selvan For Respondents : Mr.V.Anand, G.A.

O R D E R

The prayer in the Writ petition is for a Writ of Mandamus, directing the respondents to issue patta for the property in S.Nos.413/1A, 413/1B, 413/2, 413/3, 413/3B situated at Kudisery Village, Peraiyur Taluk, Madurai District to the petitioner alone based on his representation dated 03.11.2018 within a time frame to be fixed by this Court.

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2.Heard Mr.T.Selvam, learned counsel for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.In order to get patta at the above said property the petitioner has given a representation on 03.11.2018 to the respondent, especially, the third respondent, and the same since has been pending all along, the learned counsel appearing for the petitioner would submit that if the said representation is decided by the third respondent on merits, within a time frame and final order is passed thereon, the petitioner would be satisfied. 4.Heard the learned Government Advocate appearing for the respondents who would submit that, the said representation of the petitioner would be decided by the third respondent on merits and in accordance with law, within a time frame to be stipulated by this Court.

5.Having regard to the said submission made by both sides and taking into account the innocuous prayer sought for herein, this Court is inclined to dispose of this Writ petition at the admission stage with the consent of both sides by issuing the following directions:

That the third respondent is hereby directed to consider the representation of the petitioner dated 03.11.2018 and decide the same on merits and in accordance with law after hearing the petitioner as well as the rival claimants if any, and pass final orders thereon, within a period of 6 weeks from the date of receipt of a copy of this order.

6.With this direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, 2/3

3.The Tahsildar, Taluk Office, Peraiyur, +1 CC to M/s.T.SELVAN, Advocate ( SR-82100[F] dated 16/08/2019 ) +1 CC to M/s.Special Govt.Pleader ( SR-82198[F] dated 19/08/2019 ) 14.08.2019 nbj SDS (19.12.2019) 3P 6C 3/3