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Madras High CourtWP(MD)/17706/2018disposed of

K.Sankaravel,S/O.Kanthasamy v. The District Collector

2020-09-29Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD) No. 17706 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No. 17706 of 2018 K.Sankaravel on behalf of S.Selvalakshmi

...Petitioner

Vs.

1.The District Collector, Office of the District Collector, Virudhunagar District.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to issue separate patta to the petitioner's tea shop land comprising 315 sq ft, which is situated in survey No.268/51 (old survey No.194/3), Bazaar Street, Zaminkollangondan, Rajapalayam Taluk, Virudhunagar District, in the name of the petitioner's differently able daughter by name, Selvalaksmi, by considering the petitioner's representation dated 25.06.2018 in accordance with law.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.C.Ramesh, Special Government Pleader.

ORDER

This Writ Petition is filed to direct the second respondent to issue separate patta to the petitioner's tea shop land comprising 315 sq ft, in survey No.268/51 (old survey No.194/3), situated at Bazaar Street, Zaminkollangondan, Rajapalayam Taluk, Virudhunagar District, in the name of the petitioner's differently able daughter by name, Selvalaksmi, by considering the petitioner's representation dated 25.06.2018.

2.The learned counsel for the petitioner submitted that the petitioner made an application on 25.06.2018, for issuance of patta to the tea shop running by the petitioner, situated in the aforesaid address. But the said representation, has not been considered. Hence, the petitioner filed this present petition. 3.The learned Special Government Pleader appearing for the respondents, on instructions, would submit that on receipt of petitioner's representation, enquiry was conducted and found that the petitioner is not entitled for granting patta. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No. 17706 of 2018 4.In reply, the learned counsel for the petitioner submitted that based on his representation, no final order has been passed. 5.Considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioners' case, directs the second respondent to consider the petitioners' representation dated 25.06.2018 on merits and in accordance with law and pass appropriate orders, within a period of 12 weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner and the interested parties, if any.

6.This Writ Petition is disposed of, with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) DAS Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Office of the District Collector, Virudhunagar District.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

+1 CC to SGP ( SR-18464[F] dated 30/09/2020 ) W.P.(MD) No. 17706 of 2018 29.09.2020 SS(CO) KM (07.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2