Madras High CourtWP(MD)/3457/2022disposed of

Balasubbiramani v. The District Collector

2022-02-24Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Balasubbiramani ... Petitioner /Vs./ 1.The District Collector, 2.The Thasildar, East Taluk Office, 3.Kamaraj 4.Balasandar 5.Buvaneshwari 6.Selvakumar ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd Respondent to issue Patta to the Petitioner for his property bearing Survey No. 835/1A18, an extent of hectare 1-21.50 ares situated at Anjukulipatti Revenue Village, Dindigul East Taluk, Dindigul District.

For Petitioner : Mr.R.Murugappan For R1 & R2 : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus, seeking for a direction to the second Respondent to issue Patta to the Petitioner for his property bearing Survey No. 835/1A18, an extent of hectare 1-21.50 ares situated at Anjukulipatti Revenue Village, Dindigul East Taluk, Dindigul District, based on his representation dated 22.04.2021.

2.According to the petitioner, he is the absolute owner of the aforementioned property. He has filed the documents in respect of his claim, along with this writ petition to show that he is the absolute owner of the property. He has submitted an application to the respondents requesting them to issue patta in his name. It was 1/3

submitted through online. Since the application has not been considered till date, he has filed the present writ petition. 3.Heard Mr.R.Murugappan, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the first and second respondents. 4.No prejudice would be caused to the respondents, if the petitioner's application seeking for issuance of patta for the aforementioned property is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and other rival claimants, if any. According to the petitioner, the respondents 3 to 5 are his vendors.

5.Accordingly, this Court directs the second respondent to consider the petitioner's online application dated 22.04.2021 seeking for issuance of patta in his name for the property bearing Survey No.835/1A18, an extent of hectare 1-21.50 ares situated at Anjukulipatti Revenue Village, Dindigul East Taluk, Dindigul District, and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other rival claimants, including the respondents 3 to 6, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AD-II) // 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 1.The District Collector, 2/3

2.The Thasildar, East Taluk Office, +1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-8407[F] dated 24/02/2022 ) +1 CC to M/s.SPL GP ( SR-9007[F] dated 28/02/2022 ) Dated:

24.02.2022 RK(16/03/2022) 3P 5C 3/3