Arunkumar.G v. The District Collector

W.P.(MD).No.8110 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.8110 of 2021 G.Arunkumar

...Petitioner

Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Athoor Taluk, Dindigul District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to issue patta for the house site in Survey No.587/1 in Veereshwaran Street, Thenputhoor, Chinnalapatti, Athoor Taluk, Dindigul District, to an extent of 1620 sq.ft.

based on the petitioner's representation, dated 19.12.2020, within a stipulated time as may be fixed by this Court.

For Petitioner : Ms.M.Viji For Respondents : Mr.S.Angappan Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to consider the representation made by the petitioner on 19.12.2020, wherein, the petitioner is seeking for issuance of a joint patta with respect to the subject property.

2. The case of the petitioner is that the subject property originally belonged to his grandmother and she executed a gift deed in favour of the petitioner and two others, through a registered gift deed, which was registered as Document No.1746 of 2002. The further case of the petitioner is that the petitioner and two others are in possession and enjoyment of the subject property. The petitioner made a representation to the respondents on 19.12.2020 seeking for issuance of a joint patta with respect to the subject property. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Ms.M.Viji, learned Counsel appearing on behalf of the petitioner and Mr.S.Angappan, learned Government Advocate appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.8110 of 2021 there shall be a direction to the second respondent to consider the representation made by the petitioner on 19.12.2020 on its own merits and in accordance with law and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.

5. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

6. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. Tsg To

1. The District Collector, Dindigul District, Dindigul. 2.The Tahsildar, Athoor Taluk, Dindigul District. +1 CC to M/s.SPL GP ( SR-16946[F] dated 21/04/2021 ) Order made in W.P.(MD).No.8110 of 2021 Dated:

20.04.2021 GS (19.05.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2