A.Malaichamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.4328 of 2018 A.Malaichamy ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai - 625 020.

2. The Tahsildar, Madurai East Taluk Office, Y.Othakadai, Madurai District.

... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus directing the Respondents to issue Patta in respect of the properties situated in S.F.Nos.135/6, 142/9, 397/2A 2B and 396/6 for an total extent of 0.41.0 Hectares at Mangulam 2nd Pit Village, Kallanthiri Sub-Circle, Madurai East Taluk, Madurai District on the basis of the petitioner representation dated 22.01.2018.

For Petitioner : Mr.T.Vadivelan For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

ORDER

This writ petition has been filed seeking direction to the respondents to issue patta in respect of the properties situated in S.F.Nos.135/6, 142/9, 397/2A 2B and 396/6 measuring to an extent of 0.41.0 Hectares at Mangulam 2nd Pit Village, Kallanthiri Sub-Circle, Madurai East Taluk, Madurai District by considering the representation of the petitioner, dated 22.01.2018.

2.According to the petitioner, originally, the property in S.F.Nos.135/6 and 142/9 at Mangulam 2nd Pit Village, Kallanthiri Sub-Circle, Madurai East Taluk, Madurai District belongs to his grandmother and another property in S.F.Nos.397/2A and 397/2B stands in the name of adoptive mother's father's name https://hcservices.ecourts.gov.in/hcservices/

and another property in S.F.No.396/6 stands in the name of Ponnupillai and according to the petitioner, he is only legal heir of the above mentioned persons being adopted son of Ponniyammal. Hence, the petitioner filed an application dated 22.01.2018 before the respondents seeking mutation of revenue records in his name. 3.Learned Special Government Pleader appearing for the respondents would submit that the petitioner claims to be adopted son of Ponniyammal and patta stands in various persons and the petitioner has not produced necessary documents to establish his right over the property. Hence, the respondents are not in a position to consider the claim of the petitioner. 4.In the above circumstances, the petitioner is directed to appear and produce relevant documents before the second respondent to prove his title over the property.

On receipt of such documents, the second respondent is directed to conduct enquiry and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as to the interested persons, if any.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District, Madurai - 625 020.

2. The Tahsildar, Madurai East Taluk Office, Y.Othakadai, Madurai District.

+ 1 CC TO Mr.S.NEDUMARAN, ADVOCATE IN SR No. 52583 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 52946 SMS TE/JC/SAR-4 : 16/03/2018 : 2P/5C WP(MD)No.4328 of 2018 01.03.2018 https://hcservices.ecourts.gov.in/hcservices/