M.Manickam Chettiar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH M.Manickam Chettiar ... Petitioner versus

1. The District Collector, Tanjore.

2. The District Revenue Officer, Thanjavur.

3. The Revenue Divisional Officer, Thanjore.

4. The Tahsildar, Thiruvaiyaru, Thanjore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent herein to enquire into the petition for issuance of natham patta submitted by the petitioner dated 09.11.2016 and to pass suitable orders after affording opportunity to the petitioner. For Petitioner : Mr.R.Sundar Srinivasan For Respondents : Mr.M.Lingadurai, Government Advocate

ORDER

This writ petition has been filed for the issue of writ of mandamus, directing the second respondent to enquire and pass orders on the petition submitted by the petitioner on 09.11.2016, wherein, the petitioner is seeking for patta with respect to the property which has been categorised as a natham.

2. The case of the petitioner is that the property was purchased by his father through a registered sale deed dated 01.07.1942. Thereafter, a theatre was constructed in the said property and licence was also obtained to run the theatre from time to time. The further case of the petitioner is that his father expired in the year 1967 leaving behind the petitioner and his brothers as the legal heirs.

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3. It is stated that the property in question is a natham land and the petitioner wanted to claim for a patta under the Natham Nilavarai Scheme. The petitioner therefore made a representation to the second respondent, who is the competent authority under the scheme, seeking for issuance of patta. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

4. The learned counsel for the petitioner submitted that pursuant to the application given by the petitioner, the second respondent had directed the officers to conduct a survey and submit a report and accordingly, a report was also submitted before the second respondent.

5. The learned Government Advocate appearing on behalf of the respondents submitted that the second respondent will consider the claim made by the petitioner on its own merits and in accordance with law.

6. Taking into consideration the facts and circumstances of the case and the limited relief sought for in the writ petition, there shall be a direction to the second respondent to act upon the petition submitted by the petitioner on 09.11.2016 and pass orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. The petitioner is directed to make a fresh representation to the second respondent along with all relevant documents and also a copy of this order.

8. This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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.

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To

1. The District Collector, Tanjore.

2. The District Revenue Officer, Thanjavur.

3. The Revenue Divisional Officer, Thanjore.

4. The Tahsildar, Thiruvaiyaru, Thanjore District.

+1 CC to M/s.SPL GP ( SR-19925[F] dated 22/06/2021 ) +1 CC to M/s.R.SUNDARSRINIVASAN, Advocate ( SR-19839[F] dated 22/06/2021 ) 21.06.2021 KK(30.06.2021) 3P 7C 3/3