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Madras High CourtWP/32232/2022disposed of

Sudha v. The District Collector

2022-12-01Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Sudha

...Petitioner

Vs.

1.

The District Collector, Salem District, Salem.

2.

The Tahsildar, Mettur Taluk Office, Salem District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to issue House site patta to the petitioner for the land comprised in S.No.392/10, Poyar Street, Kolathur Village, Mettur Taluk, Salem District to the extent 1 1⁄2 cents based upon the application made by the petitioner dated 30.01.2020, 28.04.2021 and 26.09.2022.

For Petitioner : Mr.V.Elangovan For Respondents : Mr.U.Baranidharan, AGP.

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O R D E R

The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the 2nd respondent to issue House site patta to the petitioner for the subject land by considering the applications made by the petitioner.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for the respondents. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner and her family members are in possession and enjoyment of the Natham house site land comprised in S.No.392/10, measuring an extent of 1 1⁄2 cents situated at Kolathur Village, Mettur Taluk for the past 50 years and based on their possession, the petitioner made several applications dated 30.01.2020, 28.04.2021 and 26.09.2022 before the 2nd respondent seeking for issuance of House Site Patta in her favour in respect of the subject land. Pursuant to 2/6

which, though several correspondence have taken place in between the officials, till date, no orders have been passed on the above said applications. Hence, this Writ petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the 2nd respondent to issue House Site Patta to the petitioner in respect of the subject land by considering the petitioner's applications dated 30.01.2020, 28.04.2021 and 26.09.2022, as expeditiously as possible.

5. Learned Additional Government Pleader has no serious objection for the said order being passed and he fairly submitted that appropriate orders will be passed on the petitioner's applications within the time stipulated by this Court.

6. Considering the limited request made by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, issues direction to the 2nd respondent to consider the petitioner's 3/6

application dated 26.09.2022 and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

7. Accordingly, this Writ petition is disposed of. No costs. 01.12.2022 skt Speaking Order : Yes/ No Index : Yes/ No To 1.

The District Collector, Salem District, Salem.

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2.

The Tahsildar, Mettur Taluk Office, Salem District.

M.DHANDAPANI, J.

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