S. Syed Ahamed Mustaffa v. District Collector, Dindigul
2014-10-10
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment 1. The petitioner has filed the present writ of mandamus praying for passing of an order by this Court directing the third respondent to give patta in his name in regard to the lands in Kodanki Nayakan Patti Village, Survey No.13/4 an extent of 5 acres, situated in Nilakottai Taluk, Dindigul District. 2. According to the petitioner, the petitioner made a representation dated 30.04.2001 before the first and third respondents for obtaining patta in his name. However, no steps have been taken sofar. According to the petitioner, he is paying the kist to the aforesaid lands. In fact, the property was given to his father, during the year 1964 as assignment and the same was allotted to the petitioner through partition deed dated 07.06.1991. As such, he is in possession and enjoyment of the property till date. 3. The grievance of the petitioner is that the respondents 1 & 2 have not considered his representation dated 30.04.2001 till date and as such, he has been left with no option, but filed the present writ petition. 4. At this stage, the learned Government Advocate appearing for the respondents 1 to 3, fairly submits that if the petitioner gives a fresh representation, then the respondents/Authorities are ready to consider the same in the manner known to law and in accordance with law. The said submissions of the learned Government Advocate appearing for the respondents is recorded. 5. In view of the fact that the petitioner had submitted his representation dated 30.04.2001 and nearly 13 years have elapsed as on date, this Court on the basis of Equity, Fair Play, Good Conscience and even as a matter of Prudence, directs the petitioner to submit a fresh representation seeking patta in his name before the respondents within a period of four weeks from the date of receipt of a copy of this order. As and when, the fresh representation is submitted by the petitioner to the respondents concerned, then the respondents are directed to consider the same in a fair, just and dispassionate manner and to dispose of the same within a period of four weeks thereafter. 6. With the aforesaid directions, this Writ Petition is disposed of. No costs.