Madras High CourtWP(MD)/14613/2011disposed of

M. Subburaj, v. The District Collector

2017-09-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.14613 of 2011 and M.P.(MD)No.1 of 2011 M.Subburaj

...Petitioner

-Vs1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Thasildar, Kariapatti Taluk, Virudhunagar District.

...Respondents

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to grant patta to the petitioner in respect of Old Survey No-109/5, New Survey No-391/42, A.Rettiyapatti Village, Mallankinar Panchayat Unior, Kariapatti Taluk, Virudhunagar District.

For Petitioner : Mr.S.J.Chakravarthy For Respondents : Mr.G.Muthukannan Government Advocate

O R D E R

The prayer in the writ petition is for issuance of writ of Mandamus, directing the respondents to grant patta to the petitioner in respect of Old Survey No-109/5, New Survey No-391/42, A.Rettiyapatti Village, Mallankinar Panchayat Unior, Kariapatti Taluk, Virudhunagar District.

2. The learned counsel for the petitioner would submit that the Government, by order dated 26.08.1982, assigned lands in Old Survey No-109/5, New Survey No-391/42, A.Rettiyapatti Village, Mallankinar Panchayat Unior, Kariapatti Taluk, Virudhunagar District. Since then he has been possession and enjoyment of the property, his right has been affirmed by the competent Civil Court in O.S.No.304 of 2003.

3.The petitioner would submit that he approached the respondents for issuance of Patta and filed an application on 07.07.2011. Since no action was taken, the present writ petition has been filed.

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4. The learned Government Advocate would submit that the petitioner has not produced any proof for submitting his application in the year 2011. if a fresh application is given, the respondents would consider the same.

5. In the light of the above facts and submission made by the learned Government Advocate, the petitioner is directed to give a fresh representation to the respondents by enclosing a copy of this order within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the respondents are directed to consider the same and pass orders as expeditiously as possible.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Thasildar, Kariapatti Taluk, Virudhunagar District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 79281 +1cc to M/s.EDDY & EMBBOSS in SR. No. 78995 PAD/SM JS/KK/SAR.4/6.10.2017/2P-5C W.P.(MD)No.14613 of 2011 15.09.2017 https://hcservices.ecourts.gov.in/hcservices/