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2016 DIGILAW 2124 (MAD)

V. Lakshmi v. District Collector, Collectorate Buildings, Tirunelveli

2016-07-05

M.VENUGOPAL

body2016
ORDER : It is seen from the contents of affidavit filed by the writ petitioner that the petitioner is a physically challenged person and along with her husband, she is in possession of 3 cents in Sy.No.118, situate at Melanatham Village, Palayamkottai Taluk, Tirunelveli District. According to the petitioner, she had constructed a thatched house in the year 1991 and from that time onwards, they are paying regularly the tax to the Revenue Department. It is the version of the petitioner that her husband died on 14.11.2011 and thereafter, she is selling some rice cakes (Idlys) in her locality for her livelihood and in the month of December 2015, because of heavy rainfall, her house got damaged and she is not in a position to reside there and therefore, residing in a rented house nearby. Further, on 23.04.2016, when she made an attempt to renovate the house, the respondents 3 to 5 had restrained her from carrying out renovation of her house without any valid reason. 2. The grievance of the petitioner appears to be that she is in the possession of the aforesaid house site for well over 25 years and she has been paying regularly the tax to the revenue authorities without any fail and therefore, projected a representation dated 26.04.2016 to the 2nd respondent, seeking issuance of patta for the said house site measuring about 3 cents situate in Sy. No. 118 at Melanatham Village, Palayamkottai Taluk, Tirunelveli District. As a matter of fact, she had marked a copy of the representation to other respondents and it is pending consideration. 3. Considering the fact that the petitioner's representation dated 26.04.2016 is pending on the file of the 2nd respondent/Tahsildar, Palayamkottai Taluk, Tirunelveli District, at this stage, this Court, without expressing any opinion on the merits of the matter, simpliciter, directs the 2nd respondent to look into the representation of the petitioner dated 26.04.2016 and to pass a reasoned, speaking order within a period of six weeks from the date of receipt of a copy of this order (of course after providing necessary opportunity to the petitioner and others concerned, by following the principles of Natural Justice). If the petitioner seeks any personal hearing, then, it is open to the 2nd respondent/Tahsildar, Palayamkottai Taluk, Tirunelveli District to grant such request in her favour and to hear her oral submissions, in the subject matter in issue. If the petitioner seeks any personal hearing, then, it is open to the 2nd respondent/Tahsildar, Palayamkottai Taluk, Tirunelveli District to grant such request in her favour and to hear her oral submissions, in the subject matter in issue. The petitioner is directed to lend her assistance and co-operation to the 2nd respondent so as to enable him to dispose of her representation dated 26.04.2016 in a complete and comprehensive manner. Liberty is granted to the petitioner to submit necessary records/copies of documents before the 2nd respondent to fortify her claim for issuance of patta and on receipt of such necessary records/copies of documents, the 2nd respondent/Tahsildar, Palayamkottai Taluk, Tirunelveli District shall do the needful to the petitioner, within the time determined by this Court. 4. With the aforesaid observations and directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.