Madras High CourtWP(MD)/8621/2016disposed of

K.Sheik Mohammed v. The Collector

2016-11-03Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2016 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.8621 of 2016 and W.M.P(MD)No.6904 of 2016 K.Sheik Mohammed ... Petitioner Vs.

1.The Collector, Thirunelveli District, Thirunelveli.

2.The Tahsildar, Ambasamuthiram, Tirunelveli District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 16.04.2007 and 15.02.2016 and issue Patta for the Petitioner's property situated in Survey No.726/1 of Cheranmahadevi Village, Tirunelveli District, based on the title deed of the petitioner and his predecessors.

For Petitioner : Mr.V.Perumal For Respondents : Mr.V.Muruganandam, Additional Government Pleader.

ORDER

The petitioner has come up with the above writ petition seeking for the issuance of a writ of mandamus to direct the respondents to issue patta for the property situated in Survey No.726/1, Cheranmahadevi Village, Tirunelveli District by considering the representations of the petitioner dated 16.04.2007 and 15.02.2016.

2.Heard Mr.V.Perumal, learned counsel appearing for the petitioner and Mr.V.Muruganandam, learned Additional Government Pleader for the respondents.

3.According to the petitioner, he is in possession and enjoyment of the property in Survey No.726/1, Cheranmahadevi Village, Tirunelveli District. Therefore, the petitioner has filed an application seeking patta before the District Collector https://hcservices.ecourts.gov.in/hcservices/

in his favour. Since no order has been passed, the petitioner has filed this writ petition.

4.Learned Additional Government Pleader appearing for the respondents submitted that the second respondent is the competent authority and therefore, the petitioner may be directed to give application before the second respondent for his claim to be considered.

5.In the above circumstances, the petitioner is directed to submit a fresh application before the second respondent for the above said relief. On receipt of such application, the second respondent is directed to consider the said application and pass appropriate orders on merits and in accordance with law. 6.With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P(MD)No.6904 of 2016 is closed. Sd/ Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar.

To 1.The Collector, Thirunelveli District, Thirunelveli.

2.The Tahsildar, Ambasamuthiram, Tirunelveli District.

+1CC to M/S.V.Perumal, Advocate, SR.No. 65355 +1CC to the Special Government Pleader, SR.No. 66024 Writ Petition (MD) No.8621 of 2016 03.11.2016 sms AM/SS3/SAR-1/15.11.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/