Anandhi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR Anandhi W/o.T.Jayakumar, No.102, Sterling Ridge Way, Cary NC 27519, Washington, Through her Power agent, R.Rajalakshmi.

... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Tahsildar, Thanjavur Taluk, Thanjavur District.

3.The Taluk Surveyor, Thanjavur Taluk, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second and third respondents to implement the proceedings of the second respondent under Oo.Mu.A3/4617/19 dated 10.09.2019 and Oo.Mu.29220/2019/U(2) dated 17.09.2019 by surveying and sub-dividing the property of the petitioner, by issuing patta in favour of the petitioner to her property at Plot Nos.24 and 25 measuring 4800 sq. feet comprised in Survey No.36/10A situated at Sankar Saleem Nagar Block No.III, Neelagiri Therkuthottam, Thanjavur District by considering the representation of the petitioner dated 01.07.2019 within the time stipulated by this Court.

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader.

ORDER

Mr.K.R.Laxman, learned counsel on record for writ petitioner and Mr.K.Mu.Muthu, learned Additional Government Pleader on behalf of all three respondents are before this Court.

2. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.

3. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 24.08.2019 wherein writ petitioner has made a 1/3

plea for grant of patta.

4. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the second respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 24.08.2019, details of which have been scanned and reproduced infra:

5. Learned State counsel submitted that the second respondent is the authority who shall consider the aforementioned representation dated 24.08.2019 made by the writ petitioner (page No.42 of the typed set of papers forming part of the case file).

6. The aforesaid representation dated 24.08.2019 shall be disposed of by the second 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 2/3

copy of this order.

7. It is made clear that in the course of the representation being considered by the second respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the second respondent shall 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 shall be communicated by the second respondent to the writ petitioner and others concerned (if any) under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.

9. Instant Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) ENCL :XEROX COPY OF SCANNED IMAGE ps To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Tahsildar, Thanjavur Taluk, Thanjavur District.

3.The Taluk Surveyor, Thanjavur Taluk, Thanjavur District.

+1 CC to M/s.K.R.LAXMAN, Advocate ( SR-100611[F] dated 22/11/2019 ) +1 CC to M/s.SPL GP ( SR-101129[F] dated 25/11/2019 ) 22.11.2019 KK/SAR/04.12.2019/3P-6C/ 3/3