The Madurai Bench directed the Tahsildar to consider the petitioner's pending land measurement representation within twelve weeks, issuing notice to all concerned parties.
The second respondent directed to consider the petitioner's representation dated 06.06.2014 and pass suitable orders within twelve weeks after issuing notice.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.11.2016
Coram:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
W.P.(MD)No.9917 of 2014 and MP(MD)No.1 of 2014
T.Rathinasamy .. Petitioner
-Vs-
1.The District Collector, Thanjavur District, Thanjavur.
2.The Tahsildar, Thanjavur Taluk Office, Thanjavur.
3.Pandidurai .. Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the 2nd respondent to take measurement as per the petitioner's sale deed dated 21.09.1942 and grant the patta for the entire extent of land on basis of the petitioner's representation dated 06.06.2014.
For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.R.Anandharaj Government Advocate (for R1 and R2)
ORDER
This writ petition has been filed for the issuance of a Writ of Mandamus, to direct the second respondent to take measurement as per the petitioner's sale deed dated 21.09.1942 and grant patta for the entire extent of land on the basis of the petitioner's representation dated 06.06.2014.
2.According to the petitioner, he was in enjoyment of the 20 cents of land in Survey No.322/8 in Vallam Pudur Village, Thanjavur District. In the above land is classified Poramboke. https://hcservices.ecourts.gov.in/hcservices/ The third respondent is interfering with the portion of the petitioner property. Hence, the petitioner has made a
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representation dated 06.06.2014, to the second respondent/Tahsildar to measure the property and to issue patta. Since no order has been passed by the second respondent, this writ petition has been filed for the above relief. Since any order adverse to interest of third respondent is being passed, notice to the third respondent is dispensed with.
3.Taking into consideration of the facts and circumstances of the case without going into the merits, that the petitioner's representation dated 06.06.2014 is pending from the year 2014, therefore, the second respondent is directed to consider the petitioner's representation dated 06.06.2014 and pass suitable orders on merits and in accordance with law, after issuing notice to the petitioner as well as the third respondent, within a period of twelve weeks from the date of receipt of a copy of this order.
4.With the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (P&A)
Sub Assistant Registrar
To
1.The District Collector, Thanjavur District, Thanjavur. 2.The Tahsildar, Thanjavur Taluk Office, Thanjavur.
+1 cc to Mr.G.Gomathi Sankar,Advocate in SR. NO.70782 +1cc to special Government pleader SR. NO.71108
vsa JS/11/01/2017/2p-4c W.P.(MD)No.9917 of 2014 and MP(MD)No.1 of 2014 21.11.2016
1 issue framed by the court
Whether the writ court can direct the Tahsildar to consider the pending representation within twelve weeks.
1 provisions across 1 enactments
T. Rathinasamy
The District Collector, Thanjavur District
The Tahsildar, Thanjavur Taluk Office
Pandidurai
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
