S.Kasilingam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.10.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN S.Kasilingam ... Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

4.The Tahsildar, Karaikudi Taluk, ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant patta in the petitioner's name by considering the petitioner's representation dated 06.09.2019 within a stipulated period.

For Petitioner : Mr.K.Sivabalan For Respondents : Mr.A.Thiyagarajan, Government Advocate.

ORDER

Mr.A.Thiyagarajan, learned Government Advocate, accepts notice on behalf of the respondents. By consent, this writ petition is taken up for final disposal at the time of admission itself. 2.This writ petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 06.09.2019 and grant patta in his favour, within a time frame to be stipulated by this Court.

3.According to the petitioner, he has been in possession of the property in Survey No.3/35 situated at Ariyakudi Village, Karaikudi, Sivagangai District. He has also put up a house in the said property and is regularly paying property tax for the past five years. Since he has no other property in the said Village, he 1/3

applied for free patta in respect of the said property, as per G.O.(Ms) No.496, Revenue and Disaster Management Department, dated 24.12.2018. However, the said application was not considered by the respondents, till date. Hence, the petitioner has constrained to approach this Court with the present writ petition for the aforesaid relief.

4.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents, who submitted that the respondents would consider the representation of the petitioner and pass appropriate orders, on merits, within a time frame to be fixed by this Court.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without expressing any opinion with regard to the claim of the petitioner, directs the respondents to consider the representation of the petitioner dated 06.09.2019 and pass appropriate orders, on merits and in accordance with law, after issuing due notice to the petitioner as well as all the interested parties, if any. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

6.The Writ Petition stands disposed of with the above direction. No costs.

10.10.2019 Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) cp/vs/rsb To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

2/3

4.The Tahsildar, Karaikudi Taluk, +1 CC to M/s.K.SIVABALAN, Advocate ( SR-91698[F] dated 10/10/2019 ) +1 CC to M/s.SPL GP ( SR-91707[F] dated 11/10/2019 ) 10.10.2019 KK/SAR/23.10.2019/3P-7C/ 3/3