Kayambu .M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Kayambu ... Petitioner Vs.

1.The District Collector, The Office of the District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 31.12.2021 and to grant patta in favour of the petitioner herein for his house property at Door No.322, in S.No.625, Muthugudi Virudhunagar District within the time stipulated by this Court. For Petitioner : Mr.M.Vijayarathinam For Respondents : Mr.D.Sasikumar Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to consider the petitioner's application seeking for issuance of patta in respect of his property being Door No.322, in S.No.625, Muthugudi, Virudhunagar District within a time frame to be fixed by this Court. 2.The case of the petitioner is that the aforementioned property belongs to him absolutely. Along with the writ petition, the petitioner has filed the house tax receipt, electricity bill, unregistered document dated 08.12.1981 executed in his favour in support of his contention that he is the absolute owner of the aforementioned property. He has applied for a patta on 31.12.2021. 1/3

Since the said application has not been considered till date, this writ petition has been filed.

3.Heard Mr.M.Vijayarathinam, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of both the respondents. 4.No prejudice would be caused to the respondents if the application of the petitioner dated 31.12.2021 seeking for issuance of patta for the aforementioned property is considered on merits and in accordance with law after hearing the petitioner as well as the rival claimants, if any.

5.Accordingly, this Court directs the second respondent to consider the petitioner's application dated 31.12.2021 seeking for issuance of patta for his house property bearing Door No.322, in S.No.625, Muthugudi, Virudhunagar District and pass final orders on merits and in accordance with law after affording a fair opportunity of hearing to the petitioner and rival claimants, if any within a period of twelve [12] weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CSI) // 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.

To 1.The District Collector, The Office of the District Collector, Virudhunagar District, Virudhunagar.

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2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

+1 CC to M/s.SPL GP ( SR-5946[F] dated 14/02/2022 ) ORDER MADE IN 11.02.2022 PKP/25.02.2022/3P/4C 3/3