Madras High CourtWP(MD)/16857/2016dismissed

M.Karupaiah v. The District Collector

2023-10-12Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Karupaiah .. Petitioner v.

1.The District Collector, O/o.District Collector, 2.The Tahsildar, Paramakudi Taluk, 3.The Village Administrative Officer, Kamuthakudi, Paramakudi Taluk, .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 13.07.2016. 1/4

For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Sarangan, Additional Government Pleader *****

ORDER

The petitioner has submitted a representation before the second respondent / Tahsildar on 13.07.2016 and has filed this writ petition for a mandamus directing the second respondent to consider his representation. 2.By the said representation, the petitioner sought to cancel the patta, which stands in the name of one Muthu Konar for the land in S.No.14/1. 3.Learned Additional Government Pleader submitted that when the respondents issued summons for conducting enquiry based on the petitioner's representation, they found that the petitioner has died. He has also produced a copy of the death certificate of the petitioner. He further submitted that the said Muthu Konar is in occupation of the land in S.No. 14/1 and the petitioner has not substantiated in his representation with reasons for cancelling the patta.

2/4

4.This Court considered the rival submissions made on either side and perused the available materials.

5.The petitioner seeking patta for the land in S.No.14/1 has submitted an application in the year 2016 and filed this writ petition. Pending the application and this writ petition, he died. Learned Additional Government Pleader claims that the patta stands in the name of one Muthu Konar and that he is in occupation of the property. In view of the above position, this writ petition is dismissed with liberty to the legal heirs of the petitioner to work out their remedy in the manner known to law, if so advised. No costs. Index :

Yes / No 12.10.2023 NCC :

Yes / No Internet :

Yes gk To 1.The District Collector, O/o.District Collector, 3/4

B.PUGALENDHI, J.

gk 2.The Tahsildar, Paramakudi Taluk, 3.The Village Administrative Officer, Kamuthakudi, Paramakudi Taluk, 12.10.2023 4/4