This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the second and the third respondents to consider and pass necessary orders on the application of the petitioner, for the issuance of a patta in favour of the petitioner, dated 03.08.2009, in accordance with law, within the time stipulated by this Court.
2. Heard Mr.S.Alagar Raja, the learned counsel appearing on behalf of the petitioner and Mr.Pala Ramasamy, the learned Special Government Pleader, appearing on behalf the respondents.
3. Even though, the prayer in the Writ Petition is for a larger relief, at this stage of hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the petitioner is permitted to make a representation to the second respondent, with regard to the grant of patta in the name of the petitioner, in respect of his lands at Kadavoor and Chatra Thondaman Patti Village, having an extent of 0.56.5 ares.
4. It has also been stated that, even though the Tahsildar, Madurai North Taluk, Madurai, the second respondent herein, had called the petitioner, as well as the third respondent, for an enquiry, with regard to the request made by the petitioner, no orders have been passed by the second respondent, till date. The learned counsel for the petitioner had also submitted that, as per Rule 4(6)(i) of the Tamil Nadu Patta PassBook Act, 1987, the Tahsildar had to pass orders on the application of the petitioner, for the issuance of patta, within fifteen days from the date of completion of the enquiry. Even though, the second respondent had completed the enquiry, no orders have been passed by him, as per the said rule. In such circumstances, the petitioner had prayed that he may be permitted to submit a representation to the second respondent, requesting him to pass orders, based on the enquiry already conducted by him.
5. The learned Special Government Pleader appearing on behalf of the respondents, has no objection for such an order being passed by this Court.
6. In view of the submissions made by the learned counsels appearing on either side,the petitioner is permitted to make a representation to the second respondent, with regard to the issuance of a patta in his favour, within 10 days from today and on such representation being made, the second respondent is directed to dispose of the representation of the petitioner, within a period of eight weeks, thereafter. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.
7. Accordingly, the writ petition is disposed of, with the above directions. No costs.
Sd/-
To
1. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer,Madurai.
2. The Tahsildar,O/o.The Tahsildar,Madurai North Taluk,Madurai.
3.The Deputy Tahsildar,Koolapandi,Madurai North Taluk Office,Madurai.