P.S.Chandrasekara Raja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR P.S.Chandrasekara Raja ... Petitioner vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Joint Commissioner, Land Reforms, Tirunelveli.

3.The Revenue Divisional Officer, Tirunelveli.

4.The Tahsildar, Palayamkottai, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the fourth respondent to include the petitioner's name in patta No.782 based on the petitioner's purchase of land in S.No.345/1A2 to an extent of 20 cents out of 4 Acres 57 cents vide sale deed Doc.No.143/2014 in S.No.318/1A to an extent of 20 cents and 22 cents out of 9 Acres 16 Cents vide sale deed Doc.No.142/2014 and in S.No.344/1A2 to an extent of 20 cents vide sale deed Doc.No.144/2014 totally to an extent of 82 cents in Ariyakulam Village, Palayamkottai Taluk, Tirunelveli District based on the petitioner's representation, dated 01.09.2014 and 10.11.2014. For Petitioner :Mr.T.Selvan For R1 to R4 :Mr.A.Muthu Karuppan Additional Government Pleader

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus to direct the fourth respondent to include the petitioner's name in Patta No.782 based on the sale deeds obtained by the petitioner in the year 2014.

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2.In the affidavit filed in support of this Writ Petition, the petitioner stated that he derived title to the property not only on the basis of the sale deeds, but also by referring to the character of land stating that they were relieved from the purview of the The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961(Tamil Nadu Act 58/61).

3.Without going into the complicated questions of facts alleged by the petitioner, the learned Counsel for the petitioner submitted that the petitioner will be satisfied, if a direction is issued to the fourth respondent to consider the petitioner's representations within the time limit stipulated by this Court. Though the petitioner's representation, dated 01.09.2014 was addressed to the District Collector, namely, the first respondent, it is admitted that the District Collector has forwarded the said representation to the fourth respondent for enquiry. 4.

Having regard to the limited scope of prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's representation, this Court is inclined to issue following direction:- "The fourth respondent is directed to consider the petitioner's representation dated 01.09.2014, which was forwarded by the District Collector, and pass appropriate orders on merits and in accordance with law, after holding necessary enquiry and giving sufficient opportunity to the petitioner and other pattathars, within a period of eight weeks from the date of receipt of a copy of this order."

5.Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Joint Commissioner, Land Reforms, Tirunelveli.

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3.The Revenue Divisional Officer, Tirunelveli.

4.The Tahsildar, Palayamkottai, Tirunelveli District.

+1 CC to M/s.T.SELVAN, Advocate ( SR-3018[F] dated 24/01/2020 ) +1 CC to M/s.SPL.GP ( SR-3167[F] dated 27/01/2020 ) 24.01.2020 JMN(13.02.2020) 3P : 7C 3/3