Madras High CourtWP(MD)/27001/2019disposed of

P.Palaniyammal v. The District Collector

2019-12-19Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD).No.27001 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR W.P.(MD).No.27001 of 2019 P.Palaniyammal .. Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Tahsildar, Kulithalai Taluk, Karur District.

.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue a patta for the petitioner's house site situated at No.1/66-6, Inungur Village Panchayat, Kulithalai Taluk, Karur District, based upon her representation, dated 01.11.2019 within the time stipulated by this Court.

For Petitioner : Mr.S.Balaji For Respondent : Mr.A.Muthu Karuppan Additional Government Pleader

ORDER

This writ petition is filed for issuing a writ of mandamus the 2nd respondent to issue a patta for the petitioner's house site situated at No.1/66-6, Inungur Village Panchayat, Kulithalai Taluk, Karur District, based upon her representation, dated 01.11.2019 within the time stipulated by this Court.

2.Heard the learned counsel for the petitioner and learned Additional Government Pleader appearing for the respondents. By consent of both parties, this writ petition is taken up for disposal at the admission stage itself.

3.The learned counsel for the petitioner submits that as per Revenue Department standing orders, the second respondent vide proceedings, dated 25.01.2016, issued an order of assignment, in respect of the house site which is now under the possession and enjoyment of the petitioner. The petitioner without reference to the assignment, submitted a representation, dated 01.11.2019 to the second respondent to give patta to the property. The petitioner states that she has put up a construction and the property is also assessed to tax.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.27001 of 2019 4.In this circumstances, the learned counsel for the petitioner submitted that the petitioner will be satisfied, if a direction is issued to the respondents to consider the representation of the petitioner, dated 01.11.2019. 5.Therefore, without expressing any opinion on merits on the representation of the petitioner, this Court is inclined to direct the second respondent to consider the representation of the petitioner, dated 01.11.2019 and pass orders on merits and in accordance with law, after hearing the petitioner and others who have interest, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TM To 1.The District Collector, Karur District, Karur.

2.The Tahsildar, Kulithalai Taluk, Karur District.

+1 CC to M/s.S.BALAJI, Advocate ( SR-105811[F] dated 19/12/2019 ) +1 CC to M/s.SPL.GP ( SR-106145[F] dated 20/12/2019 ) W.P.(MD).No.27001 of 2019 19.12.2019 SMA/20/01/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2