D.Gnanaiah Ezhilan, v. The District Collector
W.P.(MD)No.21888 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.21888 of 2016 D.Gnanaiah Ezhilan ... Petitioner -vs1.
The District Collector, Tirunelveli District, Tirunelveli.
2.
The Thasildar, Sankarankoil Taluk Office, Sankarankoil, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to issue patta in the petitioner's name of the land belonging to the petitioner in S.No.328/2 to the extent of 0.49 Acres situate at Karisathan Village, Sankarankovil Taluk, Tirunelveli District as per the petitioner representation dated 16.08.2016.
For Petitioner : Mr.K.K.Kannan For Respondents : Mr.M.Murugan Govt. Advocate *****
O R D E R
This Writ Petition has been filed for a direction to the respondents to issue patta in the petitioner's name of the land belonging to the petitioner in S.No.328/2 to the extent of 0.49 Acres situate at Karisathan Village, Sankarankovil Taluk, Tirunelveli District as per the petitioner representation dated 16.08.2016.
2. The case of the petitioner is that he has been cultivating the land for the past 60 years and some third parties, by mistake wrongly mentioned the survey number of the land, belonging to the petitoner and executed a gift deed in favour of Bhoodan Board. It is the further case of the petitioner that though he submitted a representation dated 16.08.2016 for rectification of the name in the records, no order has been passed thereon so far. Hence, the petitioner is before this Court with the above prayer.
3. Learned Government Advocate submits that a reasonable time https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.21888 of 2016 may be granted by this Court to enable the respondents to look into the matter and pass appropriate orders on the representation dated 16.08.2016 of the petitioner as per law.
4. Having regard to the facts and circumstances of the case, the concerned respondent is directed to consider the representation dated 16.08.2016, submitted by the petitioner and pass suitable orders thereon regarding issuance of patta to the petitioner in accordance with law, within a period of two months from the date of receipt of a copy of this order after affording an opportunity of hearing to the petitioner and other persons, who are likely to be affected in the process of issuance of patta to the petitioner. This Court has already issued directions / guidelines in respect of survey and issuance of patta in W.P.(MD) No.13465 of 2020 05.10.2020 and W.P.(MD) No.7746 of 2020 batch on 23.09.2020, that have to be scrupulously followed.
5. With the above observations and directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) ar To:
1.
The District Collector, Tirunelveli District, Tirunelveli.
2.
The Thasildar, Sankarankoil Taluk Office, Sankarankoil, Tirunelveli District.
+1 CC to M/s.K.K. KANNAN, Advocate ( SR-19844[F] dated 13/10/2020 ) +1 CC to M/s.GP ( SR-19918[F] dated 13/10/2020 ) W.P.(MD)No.21888 of 2016 12.10.2020 ns(CO) KK(28.10.2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2