Selvi.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.26451 of 2022 K.Selvi .. Petitioner Vs.

1.The District Collector, Collectorate, Thanjavur, 2.The Revenue Divisional Offier, O/o.Revenue Divisional Office, Thanjavur, Thanjavur District.

3.The Tahsildar, Thanjavur, .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the third respondent to issue patta in my name survey No.38/13 B3 measuring 58 cents in letchathoppu village Neelagiri Therkku Thottam, Thanjavur Taluk and District based on the petitioner's representation dated 22.08.2022 within a time frame to be stipulated by this Court.

For Petitioner : Mr.K.Neelamegam For Respondents : Mr.A.Kannan Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the third respondent to issue patta in the petitioner's name with regard to the survey No.38/13 B3 measuring 58 cents situated at Letchathoppu Village, Neelagiri Therkku Thottam, Thanjavur Taluk and District based on the petitioner's representation, dated 22.08.2022 within a time frame to be stipulated by this Court.

2.Heard Mr.K.Neelamegam, learned counsel for the petitioner and Mr.A.Kannan, learned Additional Government Pleader, who takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that the representation submitted by the petitioner, seeking to issue the patta in his favour, has not been considered.

4. The learned counsel for the petitioner submitted that the petitioner is the owner of petition mentioned property. He made a representation dated 22.08.2022 to the third respondent seeking issuance of patta in his name. But, the respondent has not considered the same, till date. Hence, the petitioner has filed the present writ petition.

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5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 22.08.2022 is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any.

6. Accordingly, this Court, without expressing any opinion on the merits of the matter, directs the third respondent to consider the representation of the petitioner, dated 22.08.2022, on merits and in accordance with law, after affording a fair opportunity of hearing to the petitioner, as well as the rival claimants, if any, within a period of sixteen [16] weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

23.11.2022 Index : Yes/No Internet : Yes/No ta To 1.The District Collector, Collectorate, Thanjavur, 2.The Revenue Divisional Offier, O/o.Revenue Divisional Office, Thanjavur, Thanjavur District.

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V.BHAVANI SUBBAROYAN, J.

ta 3.The Tahsildar, Thanjavur, Order made in W.P.(MD) No.26451 of 2022 23.11.2022 4/4