Madras High CourtWP(MD)/27303/2022disposed of

Sundaram v. The District Collector

2022-12-02Honourable Mrs Justice V.Bhavani Subbaroyan10 pages

6EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 02.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.27303 of 2022 Mrs.Sundaram ..Petitioner Vs 1.The District Collector, Collectorate Buildings, Theni Post, Theni District.

2.The Tahsildar, Uthamapalayam Taluk Office, Uthamapalayam Post - 625 533, Theni District.

3.The Commissioner, Chinnamanur Municipality, Chinnamanur - 625 515, Theni District.

4.The Town Surveyor, Chinamanur Municipality, Chinnamanur 625 515, Theni 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 1 and 2 to provide patta in proceedings of the second respondent based on O.Mu.No.7389/09/A3, dated 3.8.2009 for the land in S.No.286, Ward A, Block No.14, T.S.No.8/3, Chinnamanur Village, Uthamapalayam Taluk, Theni District, EB Connection in S.C.No.546L, to an extent of 1 3⁄4 cents(786 sq.ft) based on the Petitioner's representation, dated 15.10.2022 in accordance with law, within the time frame stipulated by

this Court.

For Petitioner :Mr.K.Neelamekam For Respondents :Mr.A.Kannan 1 and 2 Addl.Govt.Pleader For Respondent-3 :Mr.HemaKarthikeyan

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 1 and 2 to provide patta in proceedings of the second respondent based on O.Mu.No.7389/09/A3, dated 3.8.2009 for the land in S.No.286, Ward A, Block No.14, T.S.No.8/3, Chinnamanur Village, Uthamapalayam Taluk, Theni District, EB Connection in S.C.No. 546L, to an extent of 1 3⁄4 cents(786 sq.ft) based on the Petitioner's representation, dated 15.10.2022 in accordance with law, within the time frame stipulated by this Court.

2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 and 2 and Mr.Hemakarthikeyan, learned counsel takes notice for the third respondent. 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 residing the prayer mentioned address. The Petitionerr's father Mookiah gave many petitions to the respondents 1 and 2 to provide patta for the prayer

mentioned property.The second respondent sent proceedings in O.Mu.No. 7389/09/A3, dated 3.8.2009 to the fourth respondent to take action to provide patta in favour of the Petitioner's father including the Petitioner. Subsequently, the fourth respondent surveyed the above property in T.S.No.8/1 and subdividedthe same, T.S.No.8/3 was allotted to the Petitioner measuring an extent of 1 3⁄4 cents and the Petitioner is residing in the above T.S.No.8/3 for the past 10 years with electricity connection. Even after sub-division, the official respondents have not taken steps to issue patta to the Petitioner. Hence the Petitioner sent a representation on 15.10.2022 to the respondents for providing patta as referred to above. Since no action has been taken till date,the Petitioner has filed this 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 representation will be considered and appropriate orders will be passed on merits and in accordance with law, within the time limit prescribed by this Court. 5.In view of the above, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the Petitioner, dated 15.10.2022 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 stands disposed of. No costs.

02.12.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Collectorate Buildings, Theni Post, Theni District.

2.The Tahsildar, Uthamapalayam Taluk Office, Uthamapalayam Post - 625 533, Theni District.

3.The Commissioner, Chinnamanur Municipality, Chinnamanur - 625 515, Theni District.

4.The Town Surveyor, Chinamanur Municipality, Chinnamanur 625 515, Theni District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.27303 of 2022 02.12.2022