Paal Murugan.B v. District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH B.Paal Murugan ... Petitioner Vs.

1.The District Collector, Virudhunagar.

2.The District Revenue Officer, Virudhunagar.

3.The District Backward Classes and Minorities Welfare Officer, Virudhunagar.

4.The Special Tahsildar (B.C), Land Acquisition, Virudhunagar.

5.The Tahsildar, Sivakasi, Virudhunagar District.

6.The Commissioner, Sivakasi Panchayat Union, Virudhunagar District.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue patta relating to the ancestral property to an extent of 82 cents in view of the Judgment and Decree of the Hon'ble District Munsif Court, Virudhunagar in O.S.No.108/2014 dated 13.11.2019 filed by the petitioner.

For Petitioner : Mr.S.Govindan For R-1 to R-5 : Mrs.D.Farjana Ghoushia Special Government Pleader For R-6 : Ms.Devasena

O R D E R

This Writ Petition was filed for issuance of a Writ of Mandamus directing the respondents, more particularly the fifth respondent to issue patta to the petitioner in the light of the Judgment and Decree of the Hon'ble District Munsif Court, Virudhunagar in O.S.No.108/2014 dated 13.11.2019.

2. Heard the learned counsel appearing on behalf of the petitioner, the learned Special Government Pleader appearing on behalf of the respondents 1 to 5 and the learned counsel appearing for the sixth respondent.

3. When the matter was taken up for hearing, the learned Special 2/5

Government Pleader appearing on behalf of the respondents 1 to 5 brought to the notice of this Court that a Writ Petition in W.P.(MD).No.21307 of 2016 was filed by the father of the petitioner and this Court vide order dated 21.07.2022 dismissed the Writ Petition.

4. The learned counsel for the petitioner submitted that the issue that was involved in that Writ Petition has nothing to do with the issue that is involved in the present Writ Petition. The learned counsel submitted that in the present Writ Petition, the petitioner is only seeking for issuance of patta in line with the judgment and decree passed by the competent Civil Court in O.S.No.108/2014 dated 13.11.2019. The learned counsel further submitted that the representation is pending before the respondents.

5. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the petitioner to submit a fresh representation before the fifth respondent. The fifth respondent on receipt of the same, shall deal with the representation and pass orders within a period of four (4) weeks from the date of receipt of the representation from the petitioner.

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6. This Writ Petition is disposed of in the above terms. No costs. 08.12.2023 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The District Collector, Virudhunagar.

2.The District Revenue Officer, Virudhunagar.

3.The District Backward Classes and Minorities Welfare Officer, Virudhunagar.

4.The Special Tahsildar (B.C), Land Acquisition, Virudhunagar.

5.The Tahsildar, Sivakasi, Virudhunagar District.

6.The Commissioner, Sivakasi Panchayat Union, Virudhunagar District.

N.ANAND VENKATESH, J.

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