G. Marisamy, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.1829 of 2013 G.Marisamy ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Sivagiri Taluk, Tirunelveli District.

3.The Commissioner, Puliangudi Municipality, Puliangudi, Tirunelveli District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to issue the patta for the house site for the residents in S.No.236/3 in Krishnappa Naicker street in Tirumalainaickenpudukudi village within the Puliangudi Municipality limits in Tirunelveli District. For Petitioner : Mr.F.X.Eugene For Respondents 1&2 : Mr.M.Alagadevan, Special Government Pleader.

For 3rd Respondent : Mr.G.Muthukannan

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed to direct the first respondent to issue patta for the house site in S.No.236/3 in Krishnappa Naicker street, Tirumalainaickenpudukudi village, Puliangudi Municipality, Tirunelveli District.

2.According to the petitioner, the petitioner has given a representation dated 26.03.2012 before the first respondent for issuance of patta. Since no final order has been passed so far, the present writ petition has been filed.

3.Without going into the merits of the petitioner's claim, the first respondent is directed to consider the representation of the petitioner on its own merit and in accordance with law. If any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal https://hcservices.ecourts.gov.in/hcservices/

with the matter on its own merit as per law.

4.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar sms To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Sivagiri Taluk, Tirunelveli District.

3. The Commissioner, Puliangudi Municipality, Puliangudi, Tirunelveli District +1CC to Mr.F.X.Eugene ADV.Sr.No.46267 GJM-24.8.15-2P-5C Writ Petition (MD) No.1829 of 2013 13.08.2015 https://hcservices.ecourts.gov.in/hcservices/