T.M.Subramanian (Died) vs The District Collector
2022 Latest Caselaw 18305 Mad

                                                                        W.P(MD).No.13927 of 2014



                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 23.12.2022

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE K.KUMARESH BABU

                                              W.P(MD)No.13927 of 2014
                                                      and
                                               M.P(MD) No.1 of 2014

                     1. T.M.Subramanian (Died)
                     2. Nagammal                                          .... Petitioner

                     (P-2 is substituted vide order of this Court
                     dated 21.07.2022 in W.M.P(MD) No.11539
                     of 2022 in W.P(MD) 13927 of 2014)

                                                         Vs.
                     1. The District Collector,
                        Kanyakumari District,
                        Nagercoil

                     2. TheTahsildar,
                        Boothapandi Village,
                        Thovalai Taluk,
                        Kanyakumari District.

                     3. Anantha Ramakrishna Iyer,
                       Foundar Madam,
                       South Street,
                       Thirupathi Saram Village,
                       Talakkudi via,
                       Kanyakumari District.


                     1/5
https://www.mhc.tn.gov.in/judis
                                                                              W.P(MD).No.13927 of 2014


                     4. S.Rajamani                                         ... Respondents

                     (R-4 is impleaded vide order of this Court
                     dated 08.08.2022 in W.M.P(MD) No.13018
                     of 2022 in W.P(MD) No.13927 of 2014)

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus directing the
                     respondents particularly the second respondent to issue Patta for the
                     petitioner's tenancy as cultivating tenant in respect of Re-survey No.112 of
                     2010 (Old Survey No.1035/A/) Thirupathisaram Village, Boothapandi via.,
                     Thovalai Taluk, Kanyakumari District with a time frame as specified by this
                     Court forthwith to the petitioner in the light of the judgment made in
                     S.A.No.1445/1988 by this Court dated 21.06.2000.
                                         For Petitioner        : Mr.A.George Stephen Kanikkai Raj
                                         For Respondents       : Mr.M.Prakash
                                                                 Additional Government Pleader
                                                                 (for R-1 and R-2)
                                                               : No appearance (for R-3)
                                                               : Mr. V.Raghavachari

                                                           ORDER

The present Writ Petition has been filed seeking for a Mandamus to

direct the the second respondent to issue Patta for the petitioner's tenancy as

cultivating tenant in respect of Re-survey No.112 of 2010 (Old Survey No.

1035/A/) Thirupathisaram Village, Boothapandi via., Thovalai Taluk,

Kanyakumari District.

https://www.mhc.tn.gov.in/judis W.P(MD).No.13927 of 2014

2. The case of the petitioner is that in spite of the direction issued by

this Court in W.P(MD) No.7816 of 2010, dated 31.09.2010. The second

respondent had not passed any orders and hence the petitioner has

approached this Court for the aforesaid relief. The second respondent had

filed a counter affidavit, wherein, he has specifically stated that the

petitioner's representation has been considered and the same was rejected.

According to the petitioner, the same has not been furnished to him.

3. Therefore, the second respondent is directed to furnish the copy of

the rejection order to the petitioner within a period of four weeks from the

date of receipt of a copy of this order. It will enable to the petitioner to

challenge the same before the appropriate authority. The petitioner is at

liberty to challenge the same, if he is so advised, within a period of four

weeks thereafter.

https://www.mhc.tn.gov.in/judis W.P(MD).No.13927 of 2014

4. With the above said directions, this Writ Petition is disposed of.

No costs. Consequently, connected Miscellaneous Petition is closed.

                                                                                      23.12.2022

                     Index              :     Yes / No
                     Internet           :     Yes / No
                     ebsi



                     To

                     1. The District Collector,
                        Kanyakumari District,
                        Nagercoil

                     2. TheTahsildar,
                        Boothapandi Village,
                        Thovalai Taluk,
                        Kanyakumari District.

https://www.mhc.tn.gov.in/judis W.P(MD).No.13927 of 2014

K.KUMARESH BABU, J.

ebsi

Order made in W.P(MD)No.13927 of 2014

23.12.2022

https://www.mhc.tn.gov.in/judis