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Madras High CourtWP(MD)/18102/2019disposed of

K.L.S.Shanmugam v. The District Collector

2019-08-21Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD)No.18102 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.18102 of 2019 K.L.S.Shanmugam

...Petitioner

-Vs1.The District Collector, Tuticorin District, Tuticorin.

2.The Tahsildar, Ettaiyapuram Taluk, Tuticorin District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 2nd respondent to issue patta infavour of the petitioner pertaining to property comprised in S.No.218/1 (extent of 11880 sq.ft) situated at T.Shanmugapuram Village, Ettiyapuram Taluk, Tuticorin District on the basis of the petitioner's representation dated 17.06.2017 and 25.07.2019 within a time frame.

For Petitioner : Mr.R.Aravindan For Respondents : Mr.V.Anand, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 2nd respondent to issue patta infavour of the petitioner pertaining to property comprised in S.No.218/1 (extent of 11880 sq.ft) situated at T.Shanmugapuram Village, Ettiyapuram Taluk, Tuticorin District on the basis of the petitioner's representation dated 17.06.2017 and 25.07.2019 within a time frame. 2.Heard Mr.R.Aravindan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.In order to get patta to the land claimed to be belongs to the petitioner in S.No.218/1 (extent of 11880 sq.ft) situated at T.Shanmugapuram Village, Ettiyapuram Taluk, Tuticorin District, the petitioner had given representations to the respondents on 17.06.2017 and 25.07.2019 and since the said representations have not been considered, the petitioner is before this Court. In this context, the learned counsel appearing for the petitioner would submit that, if the said representations are decided by the respondents, especially the 2nd respondent and an order to that effect on merits is passed within a time frame to be stipulated by this Court, the petitioner would be satisfied. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18102 of 2019 4.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said representations of the petitioner would be decided on merits and in accordance with law, of course, after hearing the petitioner as well as the rival claimants, if any.

5.Considering the said submissions made by both sides, this Court is inclined to dispose of this writ petition, with the consent of both the parties, at the stage of admission itself, with the following direction:

"The 2nd respondent is hereby directed to consider the representations of the petitioner dated 17.06.2017 and 25.07.2019 and pass orders thereon, on merits and in accordance with law, of course, after hearing the petitioner as well as the rival claimants, if any, by giving them separate notices and needful shall be done and final order shall be passed thereon, within a period of six weeks from the date of receipt of a copy of this order."

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (crl side) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The District Collector, Tuticorin District, Tuticorin.

2.The Tahsildar, Ettaiyapuram Taluk, Tuticorin District.

+1 CC to Mr.R.ARAVINDHAN, Advocate ( SR-82649[F] dated 21/08/2019 ) +1 CC to SPL GP ( SR-83207[F] dated 22/08/2019 ) Order made in W.P.(MD)No.18102 of 2019 21.08.2019 VB(20.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2