Nagaraj S.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 04.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25086 of 2022 S.K.Nagaraj ..Petitioner Vs 1.The District Collector, Trichy District.

2.The Tahsildar, Manachanallur Taluk, Trichy District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to issue patta to the Petitioner in D.No.2/506-2 in S.No.196 at Mullai Nagar, Irungalur, Manachanallur Taluk, Trichy district based on the Petitioner's representation, dated 25.07.2022. For Petitioner :Mr.SM.Mohan Gandhi For Respondents:Mr.A.Kannan 1 and 2 Addl. Government Pleader

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing respondents to issue patta to the Petitioner in D.No.2/506-2 in S.No.196 at Mullai Nagar, Irungalur, Manachanallur Taluk, Trichy District based on the Petitioner's representation, dated 25.07.2022.

2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that the Petitioner is a landless poor hailing from the weaker section of the society and demanding land from the Government authorities and after so many protest and Writ Petitions, the Petitioner has been allotted with a house site at Mullai Nagar as mentioned in the prayer and that the Petitioner has sought for patta from the authorities concerned for the said house site.

However the second respondent requested the Petitioner to construct a house in the said property and then the authorities considering the possession, shall issue patta and based on the said words, the Petitioner had constructed a house in the said place and living with the family members.Though several requests were made for issuance of patta, the same has not been issued, however the adjacent house owners were issued with patta on their request.The Petitioner is regularly paying all tax to the Government till date. The Petitioner has also submitted a representation to the respondents on 25.7.2022 in this regard.However, the Petitioner's request for issuance of patta has not been considered by the authorities positively. Hence the Petitioner has come forward with the present Writ Petition for the relief stated supra.

4.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the Petitioner's request of issuance of patta will be considered based on his representation submitted in this regard, on merits and in accordance with law, within the time specified by this Court.

5.In view of the above submission, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the Petitioner, dated 25.7.2022 submitted for issuance of patta in respect of a House in D.No.2/506-2 in S.No.196 at Mullai Nagar, Irungalur, Manachanallur Taluk, Trichy District and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition is disposed of. No costs. 04.11.2022 Index : Yes/No Internet:Yes/No vsn

To 1.The District Collector, Trichy District.

2.The Tahsildar, Manachanallur Taluk, Trichy District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.25086 of 2022 04.11.2022