Dismissed

K.Azhagarsamy, v. the District Collector

Madras HC23 Oct 2018WP(MD)/21698/2018

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking issuance of a patta for certain lands in Melur Taluk, Madurai District. The court observed the petitioner failed to produce the representation dated 08.10.2018 or supporting documents like the assignment order. Consequently, the court dismissed the immediate petition but directed the petitioner to submit a fresh representation with relevant records with

What did the court decide?

Petitioner directed to submit fresh representation with relevant documents within two weeks; first respondent to consider and decide within six weeks.

K.Azhagarsamy, 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: THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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W.P(MD)No.21698 of 2018

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K.Azhagarsamy .. Petitioner

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Vs.

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1.The District Collector, Madurai District, Madurai.

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

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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 and grievance day representation dated 08.10.2018, in respect of the land in Survey No.156 pt to an extent of 0.22 cents and S.No.165 pt to an extent of 0.18 cents and S.No.166/2pt to an extent of 0.32, 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

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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, 165pt & 166/2pt, based on his representation dated 08.10.2018.

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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, 165pt & 166/2pt to an extent of 0.72 cents, at Kurinji Nagar, Tiruchunai Village, Melur Taluk, Madurai District, in favour of one K.M.Chinnakaruppan and accordingly, an individual assignment https://hcservices.ecourts.gov.in/hcservices/ order has been issued to him in the year 1981. Due to old age and for medical expenses, K.M.Chinnakaruppan has sold the assigned land

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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 08.10.2018, 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 08.10.2018, 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 08.10.2018, 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. Sd/ Assistant Registrar(W) /True copy/

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Sub Assistant Registrar(CS-I)

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1.The District Collector, Madurai District, Madurai.

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

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Madurai District.

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+1cc to Mr.K.MALATHI, Advocate, SR.No.91049

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Order made in W.P(MD)No.21698 of 2018 23.10.2018

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GCG

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https://hcservices.ecourts.gov.in/hcservices/ KK/SV/SAR-1/14.11.2018/2P-4C

K.Azhagarsamy, v. the District Collector

Case brief

What is this about?

What did the court decide?

K.Azhagarsamy, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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