Disposed

Chandra Jothi, v. the District Collector

Madras HC23 Oct 2018WP(MD)/21692/2018

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the petitioner sought a writ of mandamus directing the first respondent to issue a patta for specified land portions. The court noted the petitioner failed to submit the representation and relevant documents with the petition. The court directed the petitioner to submit a fresh representation along with copies of relevant documents within two weeks, after w

What did the court decide?

Petitioner directed to submit fresh representation with documents; First respondent directed to consider same within six weeks.

Chandra Jothi, Vs the District Collector — Land Acquisition | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.10.2018

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CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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W.P(MD)No.21692 of 2018

Chandra Jothi

.. Petitioner

Vs.

1.The District Collector, Madurai District, Madurai.

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2.The Revenue Divisional Officer, (Land Reform) (Melur Executive Magistrate), Y.Othakkadai, Madurai District. .. Respondents

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PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to issue patta in favour of the petitioner herein, based on his representation dated 08.10.2018, grievance day representation dated 11.10.2018 and also earliest representation of the year 2015, in respect of the land in Survey No.156 pt to an extent of 0.50 cents and S.No.166/2pt to an extent of 0.22 cents, totally to an extent of 0.72 cents, vide MRIV 94A/17.70 MDR, dated 29.12.1980 situated at Kurinji Nagar, Tiruchunai Village, Melur Taluk, Madurai District.

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For petitioner : Ms.K.Malathi For respondents: Mr.A.Thiyagarajan, Government Advocate

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ORDER

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This writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct the first respondent to issue patta in favour of the petitioner herein in respect of certain portion of the lands in Survey Nos.156pt & 166/2pt, based on his representation dated 11.10.2018.

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The case of the petitioner is that the Special Tahsildar (Land Reforms), Madurai, vide proceedings in MRIV 94A/17-70 MDR, dated 29.12.1980, has assigned a portion of the land in S.Nos.156pt & 166/2pt to an extent of 0.72 cents, at https://hcservices.ecourts.gov.in/hcservices/ Kurinji Nagar, Tiruchunai Village, Melur Taluk, Madurai District, in favour of the father of the petitioner by name Vellainachani

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and accordingly, an individual assignment order has been issued to him in the year 1981. The father of the petitioner has sold the assigned land to the petitioner for a reasonable amount. After purchase, the petitioner has been enjoying the said lands by paying all the taxes and by doing cultivating operation. The grievance of the petitioner is that he has sent several representations to the respondents for grant of patta and the last such representation is dated 11.10.2018, but, till date the respondents did not take any action on the same. Therefore, the petitioner has come up with this writ petition.

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Heard the learned counsel appearing for both sides.

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The learned Government Advocate appearing for the respondents, on instruction, would submit that the representation of the petitioner, dated 11.10.2018, will be considered by the first respondent forthwith.

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It is seen from the record that the petitioner has not submitted his representation, dated 11.10.2018, along with relevant records like, assignment order, etc. Considering the above and also considering the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the petitioner to submit a fresh representation, along with a copy of the relevant documents, to the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the first respondent shall consider the same and after giving sufficient opportunity to the petitioner, pass appropriate order on merits and in accordance with law, within a period of six weeks thereafter.

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This Writ Petition stands disposed of accordingly. No costs.

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To 1.The District Collector, Madurai District, Madurai.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The Revenue Divisional Officer, (Land Reform) (Melur Executive Magistrate), Y.Othakkadai, Madurai District. + 1 CC TO MR.K.MALATHI, ADVOCATE IN SR NO.91048

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GCG

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BU/NM/SKN/SAR-2:15.11.2018 : 3P/4C

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Order made in W.P(MD)No.21692 of 2018 23.10.2018

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https://hcservices.ecourts.gov.in/hcservices/

Chandra Jothi, v. the District Collector

Case brief

What is this about?

What did the court decide?

Chandra Jothi, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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