Karuppiah .Ar v. The Tahsildhar
W.P.(MD)No.3071 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.3071 of 2022 AR.Karuppiah .. Petitioner Vs The Tahsildar, Karaikudi, Sivagangai District.
.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent herein to consider the petitioner's application for grant of patta for his lands in S.No. 1/1A1B1A1A2A1A1A1A, Seekalakottai Village, Sankarapuram Panchayat, Karaikudi Taluk, Sivagangai District measuring an extent of 2400 sq. feet which forms part of an approved lay out namely MPTC Nagar and is numbered as Plot No.12, purchased by the petitioner under a registered sale deed dated 12/3/2018, registered as Document No. 1393 of 2018 on the file of the Joint Sub Registrar No. 2, Karaikudi and grant patta. For Petitioner : Mr.VR.Shanmuganathan For Respondent : Mr.D.Sasikumar, Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's application seeking for a patta in respect of his property bearing S.No. 1/1A1B1A1A2A1A1A1A, situated at Seekalakottai Village, Sankarapuram Panchayat, Karaikudi Taluk, Sivagangai District, measuring an extent of 2400 sq. feet, which forms part of the approved layout namely MPTC Nagar and it is numbered as Plot No.12, purchased by the petitioner under registered sale deed dated 12.03.2018, registered as document No.1393 of 2018 on the file of the Joint Sub Registrar No.II, Karaikudi and pass orders, within a time frame to be fixed by this Court.
2.It is the case of the petitioner that the aforementioned property was purchased by him under a sale deed dated 12.03.2018 and it is his case that the said plot falls in approved lay out and he has applied for patta on 06.12.2021. Thereafter, he has also given a representation on 16.12.2021. Since the application and his representation has not been considered till date, he has filed this writ petition.
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W.P.(MD)No.3071 of 2022 3.Heard Mr.VR.Shanmuganathan, learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondent. 4.No prejudice will 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 affording a fair hearing to the petitioner as well as any other rival claimants. 5.Accordingly, this Court directs the respondent to consider the petitioner's application dated 06.12.2021, seeking for issuance of patta for his property in S.No. 1/1A1B1A1A2A1A1A1A, Seekalakottai Village, Sankarapuram Panchayat, Karaikudi Taluk, Sivagangai District measuring an extent of 2400 sq.
feet, which forms part of an approved lay out namely MPTC Nagar and is numbered as Plot No.12 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and any other rival claimant, within a period of twelve weeks from the date of receipt of a copy of this order.
6.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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 Tahsildar, Karaikudi, Sivagangai District.
+1 CC to M/s.SPL GP ( SR-7144[F] dated 18/02/2022 ) W.P.(MD)No.3071 of 2022 17.02.2022 MGJ(01.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2