Rameshwari.N v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Rameshwari ... Petitioner in W.P.[MD]No.2370/22 R.Narayanan ... Petitioner in W.P.[MD]No.2371/22 Vs.
1.The District Collector, Office of Collectrate, Madurai.
2.The Revenue Divisional Officer, Chatrapatti, Madurai.
3.The Tahsildar, Madurai North Taluk, Madurai.
...Respondents 1 to 3
in both Writ Petitions 4.Jeya ... 4th Respondent in W.P.[MD]No.2370/22 4.Hema ... 4th Respondent in W.P.[MD]No.2371/22 P RAYER in W.P.[MD]No.2370/22:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to cancel the patta issued to the fourth respondent for the house site in Plot No.35, Survey No.15/2 in Manjampatti Village and to issue fresh patta to the petitioner by confirming the earlier assignment in favour of the petitioner, within the time stipulated by this Court.
PRAYER in W.P.[MD]No.2371/22: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to cancel the patta issued to the fourth respondent for the house site in Plot No.36, Survey No.15/2 in Manjampatti Village and to issue fresh patta to the petitioner's mother by confirming the earlier assignment in favour of Late.Andal, within the time stipulated by this Court.
For Petitioner : Mrs.P.Subathra Devi for M/s.Polax Legal Solutions For Respondents 1 to 3 : Mr.B.Saravanan Additional Government Pleader [In both Writ Petitions] 1/3
COMMON ORDER ********************** These writ petitions have been filed seeking for cancellation of patta for the subject properties. The petitioners have given representations to the respondents 1 to 3 on 06.12.2018 seeking for cancellation of patta issued in favour of the fourth respondent. 2.According to the learned Counsel for the petitioners the respective fourth respondents are not entitled for patta for the subject properties but despite the same the official respondents have issued a patta in their name. In such circumstances, the aforementioned representations have been given seeking for cancellation of patta. Since the representations have not been considered till date, these writ petitions have been filed. 3.Mr.B.Saravanan, learned Additional Government Pleader accepts notice on behalf of the official respondents [respondents 1 to 3]. 4.No prejudice would be caused to the official respondents if the petitioners' representations are considered on merits and in accordance with law after hearing all the necessary parties including the fourth respondent.
5.For the foregoing reasons, this Court directs the third respondent to consider the petitioners' representations dated 06.12.2018 seeking for cancellation of patta now standing in the name of the fourth respondent in both the writ petitions on merits and in accordance with law and pass orders accordingly after giving notice to the respective fourth respondent and giving equal opportunity of hearing to the petitioner and the respective fourth respondent within a period of eight [8] weeks from the date of receipt of a copy of this order.
6.With the aforesaid direction, these writ petitions stand disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, 2/3
ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Office of Collectrate, Madurai.
2.The Revenue Divisional Officer, Chatrapatti, Madurai.
3.The Tahsildar, Madurai North Taluk, Madurai.
+2 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-4869[F] dated 08/02/2022 ) +1 CC to M/s.SPL GP ( SR-4792[F] dated 08/02/2022 ) 07.02.2022 RK(21/02/2022) 3P 7C 3/3