Mr.R.Rajeswaran, learned Special Government Pleader takes notice for the respondents. By consent, the main writ petition is taken up for disposal at the admission stage itself.
2. The petitioner has filed the above writ petition to issue a writ of mandamus to direct the respondents to issue patta in his favour in respect of Survey No.313/2 in Bhuvanagiri Village, Chidambaram Taluk, Cuddalore District.
3. It is the case of the petitioner that he had given a representation to the Chief Minister's Grievance Cell on 22.10.2013 for the issuance of Patta, which was forwarded to the 1st respondent, the District Collector, who in turn, had called for a report from the 2nd respondent, the Tahsildar. The Tahsildar, by his report dated 28.02.2015, had recommended for the issuance of patta in respect of New Survey No.313/2 (Old Survey No.114/2A1), measuring an extent of 172.8 sq.mt. Since the 1st respondent is the authority to issue patta, in the case on hand, he has only recommended for the issuance of patta. If he had recommended for the issuance of Patta, he should have mentioned who has to issue patta to the petitioner.
4. Mr.R.Rajeswaran, learned Special Government Pleader for the respondents submitted that the petitioner may be directed to give a representation to the 2nd respondent and in turn, the 2nd respondent may be directed to consider the same, in the light of his report dated 28.02.2015 and also the decree passed in O.S.No.348 of 2015 on the file of the District Munsif Court, Chidambaram dated 29.08.2016 and pass orders in accordance with law.
5. In view of the submissions made by the learned counsel on either side, taking into consideration the case of the petitioner, the petitioner shall give a fresh application to the 2nd respondent within a period of one week from the date of receipt of a copy of this order to the 2nd respondent for issuance of patta in the light of the report of the 2nd respondent dated 28.02.2015 and also the decree passed in O.S.No.348 of 2015 and on submission of the application, the 2nd respondent is directed to consider the same and pass orders, in accordance with law, within a period of four weeks thereafter.
With these observations, the writ petition is disposed of. No costs.
27.07.2017 rg To
1. The District Collector, Office of the District Collectorate Campus, Cuddalore, Cuddalore District.
2. The Tahsildar, Chidambaram Taluk, Cuddalore District.
M. DURAISWAMY,J.
rg W.P.No.19312 of 2017 27.07.2017