Selvaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Selvaraj ... Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, Madurai District, Madurai.
3.The Revenue Divisional Officer, Madurai District, Madurai.
4.The Tahsildar, Madurai North Taluk, Madurai.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 22.09.2021 and 20.11.2021 and thereby grant patta for the property comprised in S.No.90/2 measuring an extent of 7.87 Acres, situated at Chathirapatti Village, Madurai North Taluk, Madurai District in the name of the petitioner and his siblings in the light of order passed by the second respondent dated 22.12.1997.
For Petitioner : Mr.P.R.Prithviraj For Respondents : Mr.T.Amjad Khan Government Advocate
O R D E R
*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representations dated 22.09.2021 and 20.11.2021 seeking for grant of patta in the name of the petitioner and his siblings for the property comprised in S.No.90/2, measuring an extent of 7.87 Acres, situated at Chathirapatti Village, Madurai North Taluk, Madurai District within a time frame to be fixed by this Court. 2.According to the petitioner, the second respondent has already recommended for the issuance of patta in the name of the petitioner and his siblings by his order dated 22.12.1997. But till 1/3
date, patta has not been issued by the fourth respondent. In such circumstances, the petitioner has filed this writ petition. 3.Heard Mr.P.R.Prithviraj, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate who accepts notice on behalf of the respondents.
4.Learned Government Advocate submits on instructions that there are rival claimants and hence only after hearing them, patta can be issued. The said statement is recorded. 5.The relief sought for by the petitioner is an innocuous one. No prejudice would be caused to the respondents if the petitioner's representations dated 22.09.2021 and 20.11.2021 referred to supra are considered on merits and in accordance with law after hearing all the necessary parties including the petitioner within a time frame to be fixed by this Court.
6.Accordingly, this Court directs the the fourth respondent to consider the petitioner's representations dated 22.09.2021 and 20.11.2021 seeking for grant of patta for the property comprised in S.No.90/2 measuring an extent of 7.87 Acres, situated at Chathirapatti Village, Madurai North Taluk, Madurai District in the name of the petitioner and his siblings in the light of the order passed by the second respondent dated 22.12.1997 and pass final orders on merits and in accordance with law after affording opportunity to all the rival claimants and also after affording a fair opportunity of hearing to the rival claimants as well as the petitioner within a period of twelve [12] weeks from the date of receipt of a copy of this order.
7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (AE) // 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, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
2/3
To 1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, Madurai District, Madurai.
3.The Revenue Divisional Officer, Madurai District, Madurai.
4.The Tahsildar, Madurai North Taluk, Madurai.
+1 CC to M/s.SPL.GP ( SR-5673[F] dated 11/02/2022 ) ORDER MADE IN 10.02.2022 SB(CO) GC(22.02.2022) 3P 6C 3/3