A. Joseph v. State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2017

CORAM:

THE HON'BLE Mr.JUSTICE R.MAHADEVAN W.P(MD)No.4548 of 2013 A.Joseph ... Petitioner Vs.

1. State Represented by The District Collector, Trichy District.

2. The Commissioner of Corporation, Corporation Office, Trichy.

3. The District Revenue Officer, Trichy, Trichy District.

4. The Revenue Divisional Officer, Collector Office Road, Trichy.

5. The Tahsildar, Office of Tahsildar, Trichy, Trichy District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the fifth respondent herein to grant assignment patta in petitioner favour in pursuant to Judgement and decree in O.S.No.853 of 2005 passed by the learned District Munsif, Trichy dated 29.03.2006. For Petitioner : Mr.B.Jammel Arasu For Respondents : Mr.M.Alagathevan, Special Government Pleader for R.1, R.3 to R.5 N.S.Karthikeyan Additional Government Pleader for R.2

O R D E R

By consent, this writ petition itself is taken up for final disposal.

2. This writ petition has been filed by the petitioner, seeking to direct the fifth respondent to issue patta in his favour, in respect of his property, which is subject mentioned here. It is the specific contention of the petitioner that despite the suit in O.S.No.853 of 2005 got decreed in his favour, the authorities had not considered his request for patta and aggrieved over the same, he is before this Court.

3. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would suffice, if his representation dated 23.02.2013 is disposed of, by the authorities, on merits.

4. Heard both sides.

5. Considering the facts and circumstances of the case and also the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the fifth respondent to consider the representation of the petitioner dated 23.02.2013 and pass appropriate orders, if not already passed, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, 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 (Crl.Side) /True Copy/ Sub Assistant Registrar

To

1. The District Collector, Trichy District.

2. The Commissioner of Corporation, Corporation office, Trichy.

3. The District Revenue Officer, Trichy, Trichy District.

4. The Revenue Divisional Officer, Collector Office Road, Trichy.

5. The Tahsildar, Office of Tahsildar, Trichy, Trichy District.

+1cc to M/S.JAMEEL ARASU.B, Advocate SR.No.88010. +1cc to Special Government Pleader in SR.No.88169. W.P.(MD)No.4548 of 2013 17.11.2017 gk SDS/SV:MMS/SAR 4/04.12.2017/3P/8C