Palsamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.15750 of 2014 (Through Video Conferencing) Palsamy ... Petitioner Vs.

1.The District Collector Ramanathapuram District Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Mudhukulathur Taluk Ramanathapuram District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 3rd respondent to grant patta to the petitioner's name in Survey No.383/2 situated at Vikkaramapandiapuram Group, Ambalkoottam Village, Mudhukulathur Taluk, Ramanathapuram District. For Petitioner :Mr.S.Muniyandi For Respondents :Mr.K.P.Narayanakumar Special Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 10.09.2014, wherein, the petitioner has sought for issuance of patta in his name with respect to the subject property.

2.The case of the petitioner is that the subject property has been in possession and enjoyment of the family of the petitioner for more than 80 years and the revenue records also stands in the name of his father. The petitioner made a representation to the third 1/3

respondent seeking for grant of patta in his name with respect to the subject property. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate direction.

3.Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the third respondent to consider the representation made by the petitioner on 10.09.2014 and deal with the same on its own merits and in accordance with law and pass orders within eight weeks from the date of receipt of a copy of this order. If the third respondent finds that there is any other interested party, notice shall be issued to them before taking a final decision.

5. The petitioner is directed to make a fresh representation to the third respondent enclosing all the relevant documents along with a copy of this order.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To 1.The District Collector Ramanathapuram District Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Mudhukulathur Taluk Ramanathapuram District.

W.P.(MD)No.15750 of 2014 16.04.2021 Ak(12/05/2021) 3 P 4C 3/3