Pattu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Pattu ... Petitioner vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

3.The Tahsildar, Taluk Office, Tiruchendur, Thoothukudi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue free patta in respect of the Survey No.236 and 237 Sub-Division No.A.B., situated at Perumalpuram, Kayalpattanam South, Tiruchendur Taluk, Thoothukudi district by considering the petitioner's representation date 21.09.2020 within a stipulated period as framed by this Court. For Petitioner :Mr.J.David Ganesan For Respondents :Ms.D.Farjana Ghousia Special Government Pleader ***** 1/5

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to issue fresh patta to the petitioner with respect to the subject property by considering the representation made by the petitioner on 21.09.2020.

2.The petitioner is claiming to be in possession and enjoyment of a natham land and according to the petitioner, property tax and the electricity service connection also stand in her name. The petitioner sought for issuance of free patta by making a representation before the respondents on 21.09.2020. Since the same was not considered, the present Writ Petition has been filed before this Court. 3.The learned Special Government Pleader appearing on behalf the respondents submitted that the patta originally stood in the name of one Valliammal. It seems that the property was transferred in favour of the petitioner through some unregistered document. When the petitioner claimed for patta, the respondents had directed the petitioner to produce some documents to establish her right in the property. However, the 2/5

petitioner claimed that there was a fire accident due to which, all the documents were burnt and therefore, the petitioner was not able to produce any documents.

4.Taking into consideration the facts and circumstances of the case and the submissions made by the learned Special Government Pleader, it will suffice, if a direction is issued to the third respondent to consider the representation made by the petitioner on 21.09.2020 and to respond to the same within a period of six weeks from the date of receipt of a copy of this order.

5.The Writ Petition is disposed of with the above directions. No costs.

Index :Yes / No 13.10.2023 Internet :Yes NCC : Yes/No cmr 3/5

To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

3.The Tahsildar, Taluk Office, Tiruchendur, Thoothukudi District. 4/5

N.ANAND VENKATESH, J.

cmr 13.10.2023 5/5