J. Ananthi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR J.Ananthi ... Petitioner /Vs./ 1.The District Collector, Trichy District, Trichy.
2.The Tahsildar, Musiri Taluk, Trichy District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 2nd respondent to dispose of the petitioner's application dated 19.09.2018 for the issuance of patta to the property measuring an extent of 165 Sq.mtr in Natham Settlement Survey No.361/37, Old Survey No.437/1A, UDR Survey No.293/1A in Raouth Street, Musiri West , Musiri Taluk, Trichy District.
For Petitioner : Mr.G.Sridharan For Respondents : Mr.B.Bhagawathi Government Advocate
ORDER
Mr.G.Sridharan, learned counsel on record for writ petitioner is before this Court.
2. Mr.B.Bhagawathi, learned Government Advocate, accepts notice on behalf of both the respondents.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's application dated 19.09.2018 wherein writ petitioner has sought issuance of patta for land which according to writ petitioner belongs to her.
1/3
5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the second respondent is directed to dispose of the aforementioned application of the writ petitioner, dated 19.09.2018, details of which have been alluded to supra.
6. Learned State counsel submitted that the second respondent is the authority who shall consider the aforementioned application dated 19.09.2018 made by the writ petitioner (page No.34 of the typed set of papers forming part of the case file).
7. The aforesaid application dated 19.09.2018 shall be disposed of by the second respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. It is made clear that in the course of the application being considered by the second respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the second respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's application. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.
9. The proceeding / order of disposal shall be communicated by the office of the second respondent to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.
10. Instant Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar sm To 1.The District Collector, Trichy District, Trichy.
2/3
2.The Tahsildar, Musiri Taluk, Trichy District.
+1 CC to M/s.G.SRIDHARAN, Advocate ( SR-88214[F] dated 20/09/2019 ) +1 CC to M/s.GP ( SR-88537[F] dated 23/09/2019 ) Order made in Dated:
20.09.2019 JM/11.10.2019/3P/5C 3/3