Madras High CourtWP(MD)/2968/2022disposed of

Hentry .J.X.M v. The Thasildar

2022-02-15Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.2968 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.2968 of 2022 J.X.M.Hentry ... Petitioner /Vs./ The Thasildar, Cheranmahadevi (TK), Thirunelveli District.

... Respondent P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to provide patta in the name of the petitioner, for the land in an extend of 33 cents in survey No.78/2A2 in Kozhumadai village in Cheramahadevi Taluk, Thirunelveli District, within the time stipulated by this Court.

For Petitioner :

Mr.S.Louis For Respondent :

Ms.S.Jeyapriya Government Advocate

ORDER

This writ petition has been filed for a Mandamus, seeking for a direction to the respondent to provide patta in the name of the petitioner, for the land measuring to an extend of 33 cents in survey No.78/2A2 in Kozhumadai village in Cheramahadevi Taluk, Thirunelveli District, based on the petitioner's application dated 17.09.2021, within the timeframe to be fixed by this Court. 2.The case of the petitioner is that he is the absolute owner of the aforementioned property having got the same under a settlement deed dated 19.12.2013 registered as Document No.1869 of 2013, SR-1, Nagercoil. He has applied for patta with the respondent by submitting an application dated 17.09.2021. Since the said application has not been considered till date, he has filed this writ petition.

3.Heard Mr.S.Louis, learned Counsel for the writ petitioner and Ms.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondent.

4.No prejudice would be caused to the respondent, if the petitioner's application seeking for issuance of patta in his name for the aforementioned property is considered on merits and in accordance with law, after hearing the petitioner as well as any other rival claimants, if any.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.2968 of 2022 5.Accordingly, this Court directs the respondent to consider the petitioner's application dated 17.09.2021 seeking for issuance of patta in his name for his land measuring to an extent of 33 cents in survey No.78/2A2 in Kozhumadai village in Cheramahadevi Taluk, Thirunelveli District, and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other 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 is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 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:

The Thasildar, Cheranmahadevi (TK), Thirunelveli District.

+1 CC to M/s.SPL GP ( SR-6798[F] dated 17/02/2022 ) +1 CC to M/s.S.LOUIS, Advocate ( SR-6313[F] dated 15/02/2022 ) W.P.[MD]No.2968 of 2022 15.02.2022 AP(26.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2