P. Chinnaoyammal v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR P.Chinnaoyammal ... Petitioner Vs.
The Tahsildar, Thiruparankundram, Madurai-625 005, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to issue patta to an extent of 70 cents of land in R.S.No.249/3A1 at Parambupatti, Perungudi Village, Thiruparankundram Taluk, Madurai South Registration District, Madurai District herein on the basis of the petitioner's representation dated 11.05.2018.
For Petitioner : Mr.R.Rajaraman For Respondent : Mr.M.Pandiarajan Additional Government Pleader
ORDER
Mr.R.Rajaraman, learned Counsel on record for writ petitioner and Mr.M.Pandiarajan, learned Additional Government Pleader who accepts notice on behalf of sole respondent are before this Court.
2. With consent of both sides, main writ petition is taken up, heard out and is being disposed of.
3. Instant main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 11.05.2018 wherein writ petitioner has sought issue of patta. Learned Counsel for writ petitioner submits that writ petitioner undertakes to pay necessary prescribed charges in this regard if not already paid. Be that as it may, pursuant to earlier proceedings dated 30.10.2019, learned State Counsel on instructions submitted that the revenue classification is punja land and this three cents of land for which patta is sought is not classified as any objectionable land.
4. Notwithstanding several averments/ grounds raised / contentions urged in the affidavit filed in support of instant 1/3
writ petition, learned counsel for writ petitioner abridges the scope of instant writ petition / prayer in instant writ petition and submits submits that it will suffice if the respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 11.05.2018, details of which have been alluded to supra.
5. Learned State counsel submitted that the respondent is the authority who shall consider the aforementioned representation dated 11.05.2018 made by the writ petitioner (page No.18 (page No.19 is clean copy) of the typed set of papers forming part of the case file).
6. The aforesaid representation dated 11.05.2018 shall be disposed of by the respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.
7. It is made clear that in the course of the representation being considered by the respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the respondent shall put on notice and give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter. The authority concerned shall not embark upon any exercise which is within the domain of civil Court jurisdiction.
8. The proceeding / order of disposal of aforementioned representation shall be communicated by the office of the respondent to the writ petitioner and others concerned if any under due acknowledgement within seven (7) working days from the completion of aforesaid exercise, ie., seven days from date of disposal.
9. Instant Writ Petition is disposed of with the above directions. There shall be no order as to costs. Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) 2/3
SSL To The Tahsildar, Thiruparankundram, Madurai-625 005, Madurai District.
+1 CC to M/s.R. RAJARAMAN, Advocate ( SR-97856[F] dated 13/11/2019 ) +1 CC to M/s.GP ( SR-98401[F] dated 14/11/2019 ) 13.11.2019 KM/(28.11.2019) 3P 4C 3/3