MUSTAQ AHAMED Vs. TAHSILDAR

JUDGEMENT

(1.) THE grievance of the petitioner is that he had made representations to the first respondent on 29.10.2012, 09.01.2013 and 25.02.2013 seeking issuance of patta to the property at R.S. Nos. 242/2B and 244/2, Kayamoli Village, Tiruchendur Sub Registrar's Office, admeasuring an extent of about 7 acres in his name. The petitioner had also sent a representation to the Second Respondent/District Collector, Tuticorin District alongwith relevant papers just like an appeal and in fact the District Collector, Tuticorin District had given a reply to his representations dated 09.01.2013 and 25.02.2013 addressed to the first respondent/Tahsildar, Taluk Office, Tiruchendur Post, Tuticorin District to consider his applications. The real grievance of the petitioner is that the First Respondent/Tahsildar, Taluk Office, Tiruchendur Post, Tuticorin District had neglected to consider his applications as stated supra and dragged the matter for more than a year, inspite of Collector's reminders.

(2.) IN effect the stand of the petitioner is that he is entitled for issuance of patta in the matter in issue. Moreover, the stand taken on his behalf is that the First Respondent/Tahsildar had never cared to give any reply to his representations nor passed any orders till date. As such the petitioner has left with no remedy, but to file the present writ petition.

(3.) IN view of the fact that the petitioner has only sought for passing of an order by this Court in directing the Respondents to issue patta to the property in R.S. Nos. 242/2B and 244/2, Kayamoli Village, Tiruchendur Sub Registrar's Office, measuring an extent of about 7 acres in his name on the basis of his representations dated 29.10.2012, 09.01.2013 and 25.02.2013, this Court as an equitable relief and also in the interest of Justice, Fairplay and even as a matter of prudence and also taking note of the entire conspectus and attendant facts and circumstances of the present case in an integral fashion, directs the First Respondent/Tahsildar, Taluk Office, Tiruchendur Post, Tuticorin District to consider the representations of the petitioner dated 29.10.2012, 09.01.2013 and 25.02.2013 in a Just, Fair, objective and dispassionate manner on merits and to dispose of the same in the manner known to Law and in accordance with Law within a period of four weeks from the date of receipt of copy of this order, (of course, after providing adequate opportunities to the petitioner and others concerned, if any, by adhering to the principles of natural justice).