Madras High CourtWP(MD)/18476/2019disposed of

Suresh Kumar v. The District Collector

2020-07-17Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Writ Petition (MD).No.18476 of 2019 and W.M.P.(MD).No.14886 of 2019 Suresh Kumar ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to issue Patta to the petitioner in S.No.320/1 to the extent of 14.67 cents of North Andakudi Village Group, Ilayangudi Taluk, Sivagangai District.

For Petitioner : Mr.V.Kannan For Respondents : Mr.P.Kannithevan Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus directing the second respondent to issue Patta to the petitioner in S.No.320/1 to the extent of 14.67 cents of North Andakudi Village Group, Ilayangudi Taluk, Sivagangai District.

2. According to the petitioner, he is in possession of the property in S.No.320/1 from the year 2009 and he made a representation to the first respondent/the District Collector, Sivagangai District, on 29.07.2019, to grant Patta in favour of him. The said representation was forwarded to the second respondent/the Tahsildar, Ilayangudi Taluk, Sivagangai District. But, till date the second respondent has not considered the representation of the petitioner. Hence, he has filed the present writ petition before this Court.

3. Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents has filed a counter affidavit stating that the petitioner is not eligible to get a House Site Patta as per RSO.21.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel for the petitioner would submit that the petitioner is agreed for payment of market value of the said property. The learned Additional Government Pleader would submit that the market value of the property is concerned, the authority has to consider the representation of the petitioner.

5. In view of the aforesaid submissions of the parties, if the petitioner is agreed for payment of market value of the property, the second respondent shall consider the representation of the petitioner, dated 29.07.2019 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. It is made clear that the second respondent / the Tahsildar, Ilayangudi Taluk, Sivagangai District shall consider whether on payment of market value, the said property can be assigned to the petitioner.

7. With the above terms, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) akv To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

Writ Petition (MD).No.18476 of 2019 17.07.2020 AP (27.07.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/