Yesudhasan.T v. The Revenue Divisional Officer

W.P.(MD)No.3048 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.3048 of 2022 T.Yesudhasan ... Petitioner Vs 1.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay Post, Kanniyakumari District.

2.The Tahsildar, Kalkulam Taluk, Thuckalay, Kanniyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue patta to the petitioner on the basis of the registered document No.3056 of 2010 and document No.2638 of 2010 of Kalkulam Village, Kalkulam Taluk, Thuckalay Sub Registrar, Kanniyakumari District, based on the petitioner's representation dated 20.11.2021. For Petitioner : Mr.C.R.Nimal For Respondents : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to issue patta to the petitioner on the basis of the registered document No.3056 of 2010 and document No.2638 of 2010 of Kalkulam Village, Kalkulam Taluk, Thuckalay Sub Registrar, Kanniyakumari District, based on the petitioner's representation, dated 20.11.2021, within a time frame to be fixed by this Court.

2.The petitioner claims that he is the owner of the aforementioned property based on the registered sale deed bearing document No.3056 of 2010 and document No.2638 of 2010. The petitioner has submitted an application on 20.11.2021, with the second respondent seeking for issuance of patta in his name for the said property. Since the said application has not been considered till date, he has filed this writ petition.

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W.P.(MD)No.3048 of 2022 3.Heard Mr.C.R.Nimal, learned counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.

4.No prejudice will be caused to the respondents if the petitioner's application dated 20.11.2021, seeking for issuance of patta is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other rival claimant, within a time frame to be fixed by this Court. 5.Accordingly, this Court directs the second respondent to consider the petitioner's application dated 20.11.2021, seeking for issuance of patta in his name for the property, which is the subject matter of the sale deed bearing document No.3056 of 2010 and document No.2638 of 2010 of Kalkulam Village, Kalkulam Taluk, Thuckalay Sub Registrar, Kanniyakumari 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 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 (C.S.III) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 Revenue Divisional Officer, Padmanabhapuram, Thuckalay Post, Kanniyakumari District.

2.The Tahsildar, Kalkulam Taluk, Thuckalay, Kanniyakumari District.

+1 cc to Special Government Pleader, SR.No.6782 W.P.(MD)No.3048 of 2022 16.02.2022 SA(10.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2