A.Marikkannu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.07.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.21870 of 2019 A.Marikannu
...Petitioner
Vs 1.The District Collector, District Collectorate Office, Pudukkottai District, Pudukkottai.
2.The District Revenue Officer, Pudukkottai District, Pudukkottai.
3.The Tahsildar, Thirumayam Taluk, Thirumayam, Pudukkottai District.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to issue necessary direction to the 3rd respondent to assign the patta for the land bearing Survey No.364/1 to an extent of 0.56 Ares situate at Manavalankarai, Thirumayam Birka within the Thirmayam Taluk limit, Pudukkottai District, based on the petitioner's husband's representation through his commanding officer dated 06/09/2019 made to the 1st respondent. For Petitioner : Mr.R.Saravanan for Mr.K.Kannan For Respondents : Mr.R.Sethuraman Special Government Pleader
ORDER
This Writ Petition is filed to direct the 1st respondent to issue necessary direction to the 3rd respondent to assign a patta for the land bearing S.No.364/1 measuring to an extent of 0.56 ares situated at Manavalankarai, Thirumayam Birka, Thirmayam Taluk, Pudukkottai District.
2.According to the petitioner, her husband had submitted a representation on 06.09.2019 through his Commanding Officer to the 1st respondent seeking to assign a patta for the land bearing S.No.364/1 measuring to an extent of 0.56 ares situated at 1/3
Manavalankarai, Thirumayam Birka, Thirmayam Taluk, Pudukkottai District. But, so far no action has been taken by the 1st respondent till date. Hence, the petitioner is before this Court for the relief stated supra.
3.The learned Special Government Pleader appearing for the respondents would submit that on primary verification, it was found that the petitioner and her family members are in possession and enjoyment of some of the portion of the aforesaid property not in the entire property.
4.Further, the learned Special Government Pleader made a request before this Court that for the purpose of conducting enquiry to dispose of the matter and for passing the final orders on the representation of the petitioner's husband dated 06.09.2019, reasonable time may be granted to the respondents. 5.By recording the aforesaid submission made by the learned Special Government Pleader, this Court is inclined to pass the following directions:- i) The petitioner is at liberty to submit all the relevant documents if any, before the 3rd respondent and to enclose a copy of this order along with the representation of her husband dated 06.09.2019, within a period of one week from the date of receipt of a copy of this order.
ii) The 1st respondent is directed to forward the representation of the petitioner's husband dated 06.09.2019 to the 3rd respondent, within a period of 8 weeks from the date of receipt of a copy of this order.
iii) On receipt of such representation dated 06.09.2019, the 3rd respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of 12 weeks therefrom, after providing due opportunity of hearing to the petitioner and the interested parties, if any. 6.This Writ Petition is disposed of, with the above directions. No costs.
Sd/- Assistant Registrar(Crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 2/3
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To 1.The District Collector, District Collectorate Office, Pudukkottai District, Pudukkottai.
2.The District Revenue Officer, Pudukkottai District, Pudukkottai.
3.The Tahsildar, Thirumayam Taluk, Thirumayam, Pudukkottai District.
W.P.(MD) No.21870 of 2019 15.07.2020 AL(CO) TR(23.07.2020)3P 4C 3/3