Madras High CourtWP(MD)/13951/2013disposed of accordingly

C. Palaniyammal, 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.13951 of 2013 C.Palaniyammal ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Usilampatti Taluk, Madurai District.

3.The Tahsildar, Usilampatti Taluk, Madurai District.

4.P.Raman ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the respondents 1 to 3 herein to consider the petitioner's representation dated 15.7.2013 and include the petitioner's name in the patta number 441 to the punja lands comprised in survey number 25/1 with an extent of 98.5 ares of Eravarpatti Village, Usilampatti Taluk, Madurai District, within a stipulated period as may be fixed by this Court.

For Petitioner : Mr.V.Maharajan For Respondents - 1 to 3 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader For Respondent - 4 : Mr.G.Radhakrishnan

ORDER

This writ petition has been filed, seeking a writ of mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 15.7.2013 and include the petitioner's name in the patta number 441 to the punja lands comprised in survey number 25/1 with an extent of 98.5 ares of Eravarpatti Village, Usilampatti Taluk, Madurai District, within a stipulated period. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard both sides.

3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

4.The learned counsel for the petitioner would submit that neither civil suit nor rival claim what soever is pending in respect of the land in question. Alleging that the fourth respondent illegally obtained patta in his favour, in respect of the lands in question, the petitioner sent representations to the first and second respondents, requesting to include her name in the patta. Since no action has been taken, the petitioner is before this Court.

5. It is seen that the petitioner submitted her representations, in the year 2013 and it is not known whether such a claim still subsists due to passage of time.

6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents 1 to 3, to consider the representation of the petitioner dated 15.07.2013 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order, if already not passed any orders.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Usilampatti Taluk, Madurai District.

3.The Tahsildar, Usilampatti Taluk, Madurai District.

+1cc to Special Government Pleader in SR.No.93306. ORDER MADE IN W.P(MD)No.13951 of 2013 15.12.2017 dsk SDS/SV:MMS/SAR 1/08.01.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/