Madras High CourtWP(MD)/11537/2013disposed of

S.Karuppasamy @ S.K. Samy v. The District Collector,

2017-12-15Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.11537 of 2013 S.Karuppasamy @ S.K.Samy .. Petitioner Vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The Tasildhar, Vilathikulam Taluk, Vilathikulam, Tuticorin District.

3.Samathu Saminathan Kovil, Pudhur Village, Vilathikulam, Tuticorin District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to direct the second respondent to complete the patta proceedings enquiry as per his direction in Na.Ka.No.1156/2013-A3, dated 03.04.2013, by considering the petitioner's representation, dated 27.03.2013, within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents 1 and 2 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader For Respondent No.3 : Mr.R.Aravindraj

ORDER

This writ petition is filed seeking a writ of Mandamus to direct first respondent to direct the second respondent to complete the patta proceedings enquiry, as per his direction, made in Na.Ka.No.1156/2013-A3, dated 03.04.2013, based on the petitioner's representation, dated 27.03.2013, within the time stipulated by this Court.

2.Heard both sides.

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3.The case of the petitioner is that aggrieved by the inclusion of the name of the third respondent in patta No.271, in respect of his family property, namely, punja land, admeasuring 59 cents, comprised in Survey No.256/15, Pudhur Village, Vilathikulam Taluk, Tuticorin District, the petitioner made a representation, dated 27.03.2013, upon which, the first respondent, vide proceedings, dated 03.04.2013, directed the second respondent to take necessary action. Inspite of the same, the second respondent has not proceeded further, till now. Therefore, the petitioner is before this Court.

4.The learned counsel for the petitioner would submit that it would be suffice, if the patta proceedings enquiry, is directed to be completed, by the second respondent, as per law. 5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to complete the enquiry with regard to the patta proceedings, in respect of punja land, admeasuring 59 cents, comprised in Survey No.256/15, Pudhur Village, Vilathikulam Taluk, Tuticorin District, in the light of the proceedings of the first respondent, dated 03.04.2013 and pass appropriate orders, if not disposed of earlier, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties including the third respondent, within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of as above. No costs. sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tuticorin District, Tuticorin.

2.The Tasildhar, Vilathikulam Taluk, Vilathikulam, Tuticorin District. +1 CC to Mr.A.HAJA MOHIDEEN, Advocate SR.No.93004 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR.No.93328 ORDER MADE IN W.P(MD)No.11537 of 2013 15.12.2017 smn SH/MR/SAR-3:05.01.2018:2p/5c https://hcservices.ecourts.gov.in/hcservices/