Mariyappan .S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Mariyappan ... Petitioner /Vs./ 1.The District Collector, District Collector Office Complex, Viruthunagar, Viruthunagar District.

2.The Revenue Divisional Officer, Revenue Division Office, Sattur, Viruthunagar District.

3.The Special Tashildar, Urban Land Tax Plan, Taluk Office Complex, Rajapalayam, Viruthunagar District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd Respondent herein to consider the petitioner's representation dated 19.01.2022, within a timeframe fixed by this Court.

For Petitioner : Ms.N.Juliet Latha For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus, seeking for a direction to the second respondent to consider the petitioner's application dated 19.01.2022 seeking for issuance of patta in his name for the property bearing Door No.90A, Rice Mill Road, Ward No.2, Madathupatti, Rajapalayam, and pass final orders on merits and in accordance with law, within a timeframe to be fixed by this Court.

2.According to the petitioner, he is the owner of the aforementioned property. The petitioner has produced tax receipts and electricity receipts and voter ID, in respect of the case that he is the absolute owner of the aforementioned property. In the affidavit filed in support of this writ petition, he has also stated 1/3

that his deceased mother, Mahamayee Ammal was in possession of the aforementioned property, without any hindrance for the past 40 years. He has submitted an application with the second respondent seeking for issuance of patta in his name. Since the said application has not been considered till date, he has filed this writ petition.

3.Heard Ms.N.Juliet Latha, learned counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of all the respondents. 4.The learned counsel for the petitioner submits that pursuant to the application dated 19.01.2022 submitted by the petitioner to the second respondent, the second respondent has forwarded the same to the third respondent for conducting enquiry. The said statement is recorded.

5.No prejudice would be caused to the respondents, if the petitioner's application seeking for issuance of patta for the aforementioned property in his name is considered on merits and in accordance with law, after affording a fair hearing to the petitioner.

6.Accordingly, this Court directs the third respondent to consider the petitioner's application dated 19.01.2022 seeking for issuance of patta for the aforementioned property and pass final orders, on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other necessary party, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // 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.

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To:

1.The District Collector, District Collector Office Complex, Viruthunagar, Viruthunagar District.

2.The Revenue Divisional Officer, Revenue Division Office, Sattur, Viruthunagar District.

3.The Special Tashildar, Urban Land Tax Plan, Taluk Office Complex, Rajapalayam, Viruthunagar District.

+1 CC to M/s.SPL GP ( SR-6464[F] dated 16/02/2022 ) order made in Dated:

15.02.2022 SB(CO) GC(01.03.2022) 3P 5C 3/3