1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.3213 of 2011 N.Shanmugam : Petitioner Vs 1. The District Collector Madurai District Madurai 2. The Tahsildar Madurai South Taluk Madurai - 20 : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to issue patta in favour of the petitioner in respect of land measuring 5.06 acres in S.No. 41/3 in Ramankulam Village, Madurai South Taluk. For petitioner : Mr.G.R.Swaminathan For Respondents : Mr.K.Balasubramanian Additional Government Pleader O R D E R Mr.K.Balasubramanian, learned Additional Government Pleader takes notice for the respondents. By mutual consent of both sides, the Writ Petition is taken up for final disposal. 2. The petitioner has come forward with this Petition praying to direct the second respondent to issue patta in favour of the petitioner in respect of land measuring 5.06 acres in S.No. 41/3 in Ramankulam Village, Madurai South Taluk. 3. The learned counsel appearing for the petitioner would submit that the petitioner is the senior citizen and originally the patta was granted in favour of the petitioner's vendor under Section 10 (i) (ii) of the Tamil Nadu Inams (Abolition and Conversion into Ryotwari) Act 23 of 1963, by an order, dated 31.08.1976. He would further submit that against the same, the Government has preferred an appeal in C.M.A.No. 89 of 1978 before the Principal Subordinate Judge, Inam Abolition Tribunal, Madurai and the said appeal was allowed. He would also submit that against the order of the Inam Abolition Tribunal/Principal sub Court, Madurai, the petitioner has filed the Second Appeal in S.A.No. 22 of 1980 before the High Court of Judicature at Madras and the said Court disposed the Second Appeal by directing the petitioner to approach the Civil Court to establish the right in respect of the said land in question. He would also submit that Pursuant to the said direction, the petitioner has filed a suit in O.S.No. 206 of 2000 on the file of the District Munsif, Madurai Taluk at Madurai, for declaration and injunction and by an order, dated 25.01.2002, the said suit was decreed ex-parte. Thereafter, the petitioner has submitted an applications on 05.09.2003 and 19.12.2004, to the second respondent to issue patta in respect of the said land, but no action was initiated. https://hcservices.ecourts.gov.in/hcservices/ 2 Again, the petitioner has submitted an applications before the first respondent, on 28.2.2005, 22.5.2005 and 5.9.2005, for issuance of patta, but till date, the patta was not issued in favour of the petitioner. 4. He would further submit that the first respondent has filed a Petition in I.A.No. 715 of 2005 in O.S.No. 200 of 2000, to condone the delay in filing the petition to set aside the exparte decree and the said Petition was dismissed on 26.2.2008, confirming the said order. He would also submit that several representations were given to the respondents, but till date, they have not issued patta in favour of the petitioner and again, the petitioner has submitted a representations, have also been forwarded by the first respondent dated 1.7.2010, to the second respondent for issuance of patta, but till date, no action has been taken by the second respondent. Therefore, the petitioner has come forward with this Writ Petition. 5. The learned Additional Government Pleader would contend that the matter is being considered and they are ready to consider the representation of the petitioner. 6. Considering the limited scope of prayer sought for by the petitioner and the petitioner's right is having been established in the Civil Court also, without going into the merits of the case, the Writ Petition is disposed of with a direction against the second respondent to consider the petitioner's representations, dated 05.09.2003 and 19.12.2004, 28.2.2005, 22.5.2005, 5.9.2005 and in the letter dated 1.7.2010 and pass appropriate orders on merits and in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar (P & A) /True copy/ Sub Assistant Registrar(C.S) To 1. The District Collector, Madurai District, Madurai 2. The Tahsildar, Madurai South Taluk, Madurai - 20 +1 CC to Mr. G.R.Swaminathan, Advocate, SR.No.7632 +1 CC to the Special Government Pleader, SR.No.7382 vsg W.P.(MD).No.3213 of 2011 21.03.2011 TR : 01.04.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/