THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.16685 of 2009 DATED: 13.08.2009 Between: Mopada Appalanaidu. .. Petitioner. And The District Collector, Vizianagaram, and others. .. Respondents. ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not disposing of the representation purported to have been filed by the petitioner on 07.07.2009 as arbitrary and illegal. According to the petitioner, in the year 2000, he raised a thatched house in an extent of 110 sq. yards in Sy.No.157 of Chintalavalasa colony and village, Denkada Taluq, Vizianagaram District, and since then he has been in continuous possession and enjoyment of the said thatched house. He also obtained electricity connection to the said thatched house and has been paying electrical consumption charges regularly and also he possessed white ration card with an annual income of Rs.8,000/-. While so, in March, 2009, the petitioner raised a small RCC slab house on the subject land by removing the said thatched house and, thereafter, the 3rd respondent-Gram Panchayat has allotted house No.S.C.No.618 to the said RCC house. The grievance of the petitioner is that he made a representation to the 2nd respondent on 23.03.2009, for grant of possession certificate in his favour for the said RCC house constructed by him on the subject land and, as there was no response on the said representation, he further submitted representation to the 1st and 2nd respondents on 07.07.2009, setting out the facts in detail and requesting them to issue patta or possession certificate in his favour pertaining to the subject land, as contemplated under law, but till date the respondents have not taken any action thereon. Hence, this writ petition. Today, when the matter is taken up for hearing, it is brought to the notice of the Court that it is not the 2nd respondent who is obligated under law to issue patta or possession certificate, but it is the 3rd respondent who is empowered to issue such certificate. In these circumstances, without expressing any opinion on merits, the petitioner is directed to make an appropriate representation before the 3rd respondent within a period of four weeks from the date of receipt of a copy of this order, and on filing such representation, the 3rd respondent shall entertain the same and consider issuance of patta or possession certificate as sought by the petitioner and pass appropriate orders, as per law, within a period of four weeks thereafter, and communicate the same to the petitioner. Accordingly, the writ petition is disposed of. No order as to costs. ____________ C.V.RAMULU,J 13.08.2009 v v