Maragathavalli v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD).No.2316 of 2022 Maragathavalli ... Petitioner Vs.

1.The Revenue Divisional Officer, Thiruchendur, Thoothukudi District.

2.The Tahsildar Sathankulam, Thoothukudi.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.Aa5/3908/2021, dated 09.09.2021, quash the same and direct the 2nd respondent to issue patta for S.No. 801/4, measuring 0.01.30 sq.m. (1400 sq.ft.) of Adaikkalapuram, Pallakkurichi Village, Sathankulam Taluk, Thoothukudi District, in the name of the petitioner.

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For Petitioner : Mr.M.Saravanan For R-1 & R-2 : Mr.K.Balasubramani, Special Government Pleader

ORDER

Heard both sides.

2. The petition mentioned land has been classified as "Natham". The petitioner seeks natham patta. It appears that there is some objection. Be that as it may, the petitioner's request was rejected on the ground that since the petitioner is having other lands and properties, free house site patta cannot be issued. To that effect, the impugned memorandum in Na.Ka.Aa5/3908/2021, dated 09.09.2021, was issued.

3. As rightly pointed out by the learned counsel appearing for the petitioner, the second respondent had completely misdirected himself. The petitioner never asked for any free house site patta. Therefore, on that ground, the impugned order is quashed. The matter is remitted back to the second respondent. The second respondent will consider the petitioner's application afresh. The objections lodged by the third parties will also be considered. The objectors will also be given 2/4

due notice. Thereafter, final orders will be passed on merits and in accordance with law. The entire exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order.

4. The Writ Petition is allowed on these terms. No costs. Consequently, the connected miscellaneous petition is closed. 03.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No tsg To 1.The Revenue Divisional Officer, Thiruchendur, Thoothukudi District.

2.The Tahsildar Sathankulam, Thoothukudi.

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G.R.SWAMINATHAN, J.

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