Madras High CourtWP(MD)/25064/2022disposed of

Sadaiyan v. The District Collector

2022-11-04Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W. P. (MD) No.25064 of 2022 Sadaiyan ... Petitioner

Versus

1.The District Collector, Collectorate Office, Trichy District.

2.The District Revenue Officer, Office of the District Revenue Officer, Trichy District.

3.The Revenue Divisional Officer, Musiri Taluk, Trichy District.

4.The Tahsildar, Office of the Tahsildar, Thottiyam Taluk, Trichy District.

... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the fourth respondent to issue patta for the land measuring total of 1 acre 66 cents in Survey Nos.381/2, 418/3,(*)418/4, 436/2, 731 and 731/2 in Elurppatti Village, Thottiyam Taluk, Trichy District. For Petitioner :

Mr.S.Mohammad Kasim For Respondents :

Ms.K.ChristyTheboral Additional Government Pleader

ORDER

This petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, to direct the fourth respondent to issue patta for the land measuring total of 1 acre 66 cents in Survey Nos.381/2, 418/3, (*)418/4, 436/2, 731 and 731/2 in Elurppatti Village, Thottiyam Taluk, Trichy District. 2.By consent of both sides, this petition is taken up for final hearing at the admission stage itself.

3.The case of the petitioner is that the subject property was originally belonged to one Vaiyapur Counder and his legal heirs. The petitioner has purchased the subject property vide sale deed in 1/3

Doc No.335 /1965, dated 30.03.1965 executed by Vaiyapuri Counter and other legal heirs. Thereafter, the petitioner sent representation dated 03.08.2022 to the respondents to issue patta for the subject property. The matter was considered by the first respondent and directed the fourth respondent to take action on the petitioner's representation dated 03.08.2022. But, the fourth respondent did not take any steps in this regard. Hence, the petitioner is before this Court with the aforesaid prayer.

4.The learned counsel appearing for the petitioner submitted that it would suffice to issue a direction to the respondents to consider the petitioner's representation dated 03.08.2022. 5.The learned Additional Government Pleader appearing for the respondents has no objection for such an order being passed by this Court.

6.Considering the above said submissions, this Court, without expressing any opinion on the merits of the matter, directs the fourth respondent to take action on the petitioner's representation, dated 03.08.2022 and conclude the same, after giving due opportunity of hearing to the petitioner and any other persons, who may be interested in the subject matter, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) (*)Corrected as per the order of this Court in W.P.(MD)No.25064 of 2022, dated 30.11.2022 Sd/- Assistant Registrar(CS-II) // True Copy // /12/2022 Sub Assistant Registrar(CS) Rmk To (*) To be substituted to the order already despatched on 17/11/2022 1.The District Collector, Collectorate Office, Trichy District.

2.The District Revenue Officer, Office of the District Revenue Officer, Trichy District.

2/3

3.The Revenue Divisional Officer, Musiri Taluk, Trichy District.

4.The Tahsildar, Office of the Tahsildar, Thottiyam Taluk, Trichy District.

+1 CC to M/s.SPL.GP ( SR-53399[F] dated 08/11/2022 ) +1 CC to M/s.S.MOHAMMAD KASIM, Advocate ( SR-53511[F] dated 08/11/2022 ) W.P.(MD) No.25064 of 2022 04.11.2022 NSN(CO) KB(15.11.2022) 3P 7C RD(16/12/2022) 3P 7C 3/3