Subbulakshmi.C v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.Subbulakshmi ... Petitioner /Vs./ The Tahsildar, O/o. Tahsildar, Thirumayam, Pudukkotai District.
... Respondent P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 01.02.2022 for the purpose of registering the free house patta entries in the village records in respect of the property situated in S.No.331/6, S.No.332/1 & 332/2 at Konapatti Village and Post, Thirumayam Taluk, Pudukottai District within the period that may be stipulated by this Court.
For Petitioner : Mr.Mohammed Imran for M/s.Ajmal Associates For Respondent : Mr.B.Saravanan Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondent to consider the petitioner's representation dated 01.02.2022 for the purpose of registering the free house patta entries in the village records in respect of the property situated in S.Nos.331/6, S.No.332/1 & 332/2 at Konapatti Village and Post, Thirumayam Taluk, Pudukottai District, within a time frame to be fixed by this Court.
2.It is the case of the petitioner that the petitioner is the President of Konapattu Panchayat, Pudukottai District. According to the petitioner, in the presence of the Hon'ble Chief Minister, free house site pattas were issued to 109 persons in the said village. The free house site pattas were allotted under the proceedings of the Commissioner of Land Administration, Chepauk, Chennai on 30.06.2021. Thereafter, a resolution was also passed by the Panchayat on 07.01.2022 confirming the issuance of free house site pattas. Since the same has not been updated in the village revenue records by the respondent, the petitioner has given a representation dated 01.02.2022 requesting for updation of the free house site 1/3
pattas in the revenue records of the village. Since the representation has not been considered, she has filed this writ petition.
3.Heard Mr.Mohammed Imran, learned Counsel for the writ petitioner and Mr.B.Saravanan, 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 representation seeking for updation of the free house site pattas allotted to 109 persons in the village, where the petitioner is the Panchayat President, is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary parties.
5.The petitioner has placed before this Court the proceedings dated 30.06.2021 issued by the Commissioner of Land Administration, Chepauk, Chennai and the resolution passed by the Panchayat President dated 07.01.2022 granting free house site pattas to 109 persons in the said village. It is for the respondent to consider the same and pass final orders and thereafter decide as to whether it can be updated in the village revenue records or not. 6.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 01.02.2022 seeking for updation of revenue records for 109 free house site pattas granted in favour of 109 villagers under the proceedings dated 30.06.2021 by the Commissioner of Land Administration, Chepauk, Chennai, followed by the resolution passed by the Panchayat on 07.01.
2022 and pass final orders on merits and in accordance with law, after hearing the petitioner and any other necessary parties, whom the respondent deems fit to enquire, within the period of twelve (12) weeks from the date of receipt of a copy of this order.
7.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (writs) // 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 2/3
the correct copy, shall be the responsibility of the advocate/litigant concerned.
To The Tahsildar, O/o. Tahsildar, Thirumayam, Pudukkotai District.
+1 CC to M/s.SPL GP ( SR-10353[F] dated 07/03/2022 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-10401[F] dated 07/03/2022 ) Dated:
04.03.2022 RK(21/03/2022) 3P 4C 3/3