← Library
Madras High CourtWP(MD)/23925/2018disposed of

T.Nelson Sam, v. The District Collector,

2024-06-14Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.23925 of 2018 T.Nelson Sam ... Petitioner Vs.

1.The District Collector, Nagercoil, Kanyakumari District.

2.The Tahsildar, Kalkulam Taluk, Thuckalay, Kanyakumari District.

3.The Tahsildar, Tiruvattar Taluk, Kanyakumari District.

... Respondents [R3 is suo motu impleaded as per order of this Court, dated 14.06.2024] Prayer:- Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to issue Patta in favour of the petitioner in respect of the property in Survey No. 437/6 admeasuring 35 cents in Thirparapu Village, Kalkulam Taluk, Kanyakumari District, by considering the representation of the petitioner, dated 06.09.2018, within a stipulated time that may be fixed by this Court. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.A.Sivanupandian Government Advocate Page No. 1 of 4

ORDER

Since the land in question falls within the purview of Tiruvattar Taluk, the Tahsildar, Tiruvattar Taluk, Kanyakumari District, is suo motu impleaded as the third respondent in this Writ Petition.

2. Though this Writ Petition is of the year 2018, the respondents have not filed any counter affidavit so far.

3. This Writ Petition is disposed of, without expressing any opinion on the merits of the case, by directing the newly impleaded third respondent Tahsildar to consider the petitioner's request for issuance of Patta based on his representation dated 06.09.2018 and pass appropriate orders on merits and in accordance with law. Before passing orders, the third respondent shall examine whether the petitioner has got any right over the subject land for getting Patta. This exercise shall be carried out by the third respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Index : Yes/ No 14.06.2024 Speaking Order / Non-Speaking Order smn2 Page No. 2 of 4

To 1.The District Collector, Nagercoil, Kanyakumari District.

2.The Tahsildar, Kalkulam Taluk, Thuckalay, Kanyakumari District.

3.The Tahsildar, Tiruvattar Taluk, Kanyakumari District.

Page No. 3 of 4

C.SARAVANAN , J.

smn2 14.06.2024 Page No. 4 of 4