Sadrak Ganadasan. A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.21505 of 2022 A.Sadrak Ganadasan ..Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Tirunelveli Division, Tirunelveli.
3.The Assistant Director of Survey, Collectorate Complex, Tirunelveli.
4.The Tahsildar, Palayamkottai Taluk, Tirunelveli District.
5.The Town Surveyor, Melapalayam, Tirunelveli Town.
..Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the fourth respondent to grant patta to the Petitioner relating to the lands purchased by the Petitioner in Plot No.1 and 2 in T.S.Nos.36 and 37 in AV Block No. 54 of Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District by removing the name of one Thiru.Sankaralinga Thevar in the Town Survey Register on the basis of Petitioner's representation to the fourth respondent, dated 5.6.2022, to the second respondent, dated 10.09.2020
and to the Tahsildar, Palayamkottai, the fourth respondent through online, dated 5.4.2022, 6.5.2022,7.5.2022within the specified time fixed by this Court.
For Petitioner :Ms.W.Pamelin For Respondents :Mr.D.Gandhiraj 1 to 5 Special Govt.Pleader
ORDER
The Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the fourth respondent to grant patta to the Petitioner relating to the lands purchased by the Petitioner in Plot No.1 and 2 in T.S.Nos.36 and 37 in AV Block No.54 of Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District by removing the name of one Thiru.Sankaralinga Thevar in the Town Survey Register on the basis of Petitioner's representation to the fourth respondent, dated 5.6.2022, to the second respondent, dated 10.09.2020 and to the Tahsildar, Palayamkottai, the fourth respondent through online, dated 5.4.2022, 6.5.2022,7.5.2022within the specified time fixed by this Court. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.When the matter is taken up for hearing today, the learned Special Government Pleader appearing for the respondents 1 to 5
produced the Town Survey Register, in which, T.S.Nos.36 and 37 shows that it belongs to the said Sankaralinga Thevar and the said document did not confer any title to the Petitioner, as the said properties stand in the name of Sankaralinga Thevar. The learned counsel for the Petitioner is not in a position to explain the above facts in favour of the Petitioner. 4.At this juncture, the learned counsel for the Petitioner would submit that it would suffice if the Petitioner's representation submitted in this regard is considered and to pass appropriate orders in accordance with law.
5.The learned Additional Government Pleader appearing for the respondents q1 to 5 would submit that the Petitioner's representations will be considered and appropriate orders will be passed, on merits and in accordance with law, within the time limit prescribed by this Court. 6.In view of the above submission, this Court, without going into the merits of the matter, directs the fourth respondent to consider the representation of the Petitioner, dated 5.6.2022 and through online, on 5.4.2022, 6.5.2022 and 7.5.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of twenty weeks from the date of receipt of a copy of this order.
7.With the above direction, the Writ Petition stands disposed of. No costs.
28.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Tirunelveli Division, Tirunelveli.
3.The Assistant Director of Survey, Collectorate Complex, Tirunelveli.
4.The Tahsildar, Palayamkottai Taluk, Tirunelveli District.
5.The Town Surveyor, Melapalayam, Tirunelveli Town.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.21505 of 2022 28.11.2022