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C. Sathish Kumar Vs. The District Collector, Madurai District and Others

C. Sathish Kumar vs The District Collector, Madurai District and Others

Type Court Judgment Court Chennai Madurai Decided Aug 03, 2016
~4 min read
https://sooperkanoon.com/case/1189292

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Citation
Court
Chennai Madurai High Court
Judge
Decided On
Case Number
W.P(MD)No. 13883 of 2016
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

C. Sathish Kumar

Respondent

The District Collector, Madurai District and Others

Excerpt

.....by means of registered sale deed, dated 30.4.2015 for a valuable consideration and the sale deed was registered as document no.1982/2015. from the date of his purchase, he has been in possession and enjoyment of the property. as a matter of fact, the petitioner has projected representations to various revenue authorities including respondents no.1 and 2 on 19.7.2016. even though the respondents have received the representations and acknowledged the receipt of the same, no action has been taken in this regard. hence the petitioner has filed the present writ petition seeking for passing of an order by this court in directing the third respondent to pass orders as regards the issunce of patta for house site bearing plot no.6, measuring an extent of 3 cents out of 42 cents in r.s.no.207/4a2 in melur village, now in melur town within the time stipulated by this court. 5. it appears that the petitioner had given a representation to the second respondent on 232.12.2015. again on 19.7.2016, he had given a representation to the first respondent. further, he had also addressed a representation, dated 19.7.2016 to the second respondent. furthermore, on 19.7.2016, he had projected a representation to the third respondent also. apart from the aforesaid authorities, it comes to light that the petitioner had addressed a representation, dated 19.7.2016 to the district revenue officer, madurai district. finally, he had sent a representation to the honourable chief minister's cell on 19.7.2016 in the subject-matter in issue. 6. considering the fact that the petitioner's representation beginning from 23.12.2015 till his last representation, dated 19.7.2016 addressed to the concerned respondents/authorities are still pending without disposal or significant progress in the subject-matter in issue, at this stage, this court, without expressing any opinion on the merits and contents of the representation of the petitioner, dated 19.7.2016 made to various authorities, in the.....

Full Judgment

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to consdier the Petitioner's representation dated 19.7.2016 pertaining to the issuance of patta for the house site bearing Plot No.6, measuring an extent of 3 cents out of 42 cents in R.S.No.207/4A2 in Melur Village, now in Melur Town, within the time stipulated by this Court.)

1. Heard both sides.

2. By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3. No counter is filed on behalf of the Respondents 1 and 2.

4. According to the Petitioner, he had purchased 3 cents of house-site, bearing Plot No.6 out of 42 cents in Punja Survey No.207/4A2 of Melur Village from its owner Prem Vinoth, son of Sridharan, by means of registered sale deed, dated 30.4.2015 for a valuable consideration and the sale deed was registered as Document No.1982/2015. From the date of his purchase, he has been in possession and enjoyment of the property. As a matter of fact, the Petitioner has projected representations to various Revenue Authorities including Respondents No.1 and 2 on 19.7.2016. Even though the Respondents have received the representations and acknowledged the receipt of the same, no action has been taken in this regard. Hence the Petitioner has filed the present Writ Petition seeking for passing of an order by this Court in directing the Third Respondent to pass orders as regards the issunce of patta for house site bearing Plot No.6, measuring an extent of 3 cents out of 42 cents in R.S.No.207/4A2 in Melur Village, now in Melur Town within the time stipulated by this Court.

5. It appears that the Petitioner had given a representation to the Second Respondent on 232.12.2015. Again on 19.7.2016, he had given a representation to the First Respondent. Further, he had also addressed a representation, dated 19.7.2016 to the second Respondent. Furthermore, on 19.7.2016, he had projected a representation to the Third Respondent also. Apart from the aforesaid authorities, it comes to light that the Petitioner had addressed a representation, dated 19.7.2016 to the District Revenue Officer, Madurai District. Finally, he had sent a representation to the Honourable Chief Minister's Cell on 19.7.2016 in the subject-matter in issue.

6. Considering the fact that the Petitioner's representation beginning from 23.12.2015 till his last representation, dated 19.7.2016 addressed to the concerned Respondents/authorities are still pending without disposal or significant progress in the subject-matter in issue, at this stage, this Court, without expressing any opinion on the merits and contents of the representation of the Petitioner, dated 19.7.2016 made to various authorities, in the interest of justice, Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the Third Respondent/The Special Tahsildar, Town Settlement, Melur, Melur Taluk, Madurai District to look into the representation of the Petitioner, dated 19.7.2016 within a period of one week from the date of receipt of a copy of this order and thereafter, to dispose of the same by passing a reasoned speaking order, on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter. It is open to the Petitioner to produce copies of all necessary/relevant documents before the Third Respondent and the Third Respondent in-turn shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 19.7.2016.The Petitioner is directed to lend his assistance and cooperation to the Third Respondent, in disposing of his representation dated 19.7.2016 within the time adumbrated by this Court.

7. With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.

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