Muniyappan.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.Muniyappan ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Tahsildar, Vedasandur Taluk, Vedasandur, Dindigul District.

4. Kumarayammal

5. Chellammal ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent herein to dispose of the petitioner's Application dated 15.07.2020 seeking Patta in respect of his landed property to an extent of 2 Acres comprised in Survey No.625/1, situated at Viralipatti Village, Vedasandur Taluk, Dindigul District, after providing opportunity to the Respondents 4 and 5 concerned, within the time stipulated by this Court.

For Petitioner : Mr.P.Mahendran for Mr.J.Lawrance For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 to R3.

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the third respondent herein to dispose of the petitioner's Application dated 15.07.2020, seeking for issuance of 1/3

Patta in his name in respect of his landed property measuring an extent of 2 Acres comprised in Survey No.625/1, situated at Viralipatti Village, Vedasandur Taluk, Dindigul District, within a time frame to be fixed by this Court.

2.It is the case of the petitioner that he is the absolute owner of the aforementioned property. In support of his claim, he has filed documents along with this writ petition. He has applied for patta on 15.07.2020. The petitioner admits that there is a dispute pertaining to the property with the fourth respondent. Since the application dated 15.07.2020 seeking for issuance of patta in the name of the petitioner has not been considered till date, the petitioner has filed this writ petition.

3.Heard Mr.P.Mahendran, for Mr.J.Lawrance, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 3.

4.No prejudice would be caused to the third respondent if the petitioner's application dated 15.07.2020 seeking for issuance of patta in his name is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the rival claimants namely the fourth and fifth respondents and other necessary parties whom the third respondent deem fit to enquire. 5.Accordingly, this Court directs the third respondent to pass final orders on the petitioner's application dated 15.07.2020 seeking for issuance of patta in his name for the property measuring an extent of 2 Acres comprised in Survey No.625/1, situated at Viralipatti Village, Vedasandur Taluk, Dindigul District within a period of twelve [12] weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner and the rival claimants namely the fourth and fifth respondents and other necessary parties whom the third respondent deem fit to enquire.

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

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar 2/3

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, Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Tahsildar, Vedasandur Taluk, Vedasandur, Dindigul District.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-10741[F] dated 09/03/2022 ) +1 CC to M/s.SPL GP ( SR-11152[F] dated 10/03/2022 ) ORDER MADE IN 08.03.2022 MR MS/18.03.2022/3P.6C 3/3