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Madras High CourtWP(MD)/26060/2019allowed

Sivasubramaniyan v. The District Collector

2019-12-09Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD).No.26060 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR W.P.(MD).No.26060 of 2019 1.Sivasubramaniyan 2.Sundanthira Devi .. Petitioners Vs.

1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Palani Taluk, Dindigul District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to consider the petitioners' representations dated 04.01.2018 and 02.11.2019 and issue Patta to the petitioner and his wife Sudandira Devi in respect of the properties in Sy.No.36/31, D.no.20 and 21, Ward No.13, Periyakalaiyamputhur Village, Palani Taluk, Dindigul District.

For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.C.Ramar Additional Government Pleader

ORDER

This writ petition is filed for issuing a direction to the respondents to consider the petitioners' representations, dated 04.01.2018 and 02.11.2019 and to issue a patta to the petitioners. 2.Heard, the learned counsel appearing for the petitioner and Mr.C.Ramar, learned Additional Government Pleader appearing for respondents. By consent of both parties, this writ petition is taken up for disposal at the admission stage itself. 3.It is stated that the petitioners have purchased two properties by virtue of registered sale deed, dated 21.02.2011 and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.26060 of 2019 that the petitioners are in possession of the properties. It is further submitted that there is no rival claim to the properties in question. Though the petitioners have made the representations to grant patta to the petitioners for the properties purchased by him, it is stated that the respondents have not considered the representations so far.

3.It is in the said circumstances, the learned counsel for the petitioner would submit that the petitioners will be satisfied if a direction is issued to the third respondent to consider the petitioners' representations submitted on 04.01.2018 and 02.11.2019. 4.Considering the limited scope of prayer that is now sought for by the learned counsel for the petitioner without going into the merits of the petitioners' representations, this Court is inclined to pass the following order.

i)The third respondent is directed to consider the petitioners' representations, dated 04.01.2018 and 02.11.2019 and pass appropriate orders on merits, after giving adequate opportunity to the petitioners as well as any other interested person, within a period of six weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) TM To 1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Palani Taluk, Dindigul District.

+1 CC to SPL GP ( SR-104212[F] dated 10/12/2019 ) +1 CC to Mr.R.BALAKRISHNAN, Advocate( SR-104441[F] dated 11/12/2019 ) W.P.(MD).No.26060 of 2019 09.12.2019 VB(06.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2