Anandharaj.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR M.Anandharaj ... Petitioner Vs.

1.The District Collector, Thoothukudi, Thoothukudi District.

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

3.The Tahsildar, Ottapitaram Taluk, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent in his proceedings Aa7/2866/2020, dated 26.11.2020 and quash the same as illegal and consequently, direct the respondents to issue fresh patta to the petitioner as per measurement mentioned in sale document, dated 11.05.2015.

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For Petitioner : Mr.P.Banuprasath For Respondents : Mr.S.R.A.Ramachandran, Additional Government Pleader

O R D E R

The Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent in his proceedings Aa7/2866/2020, dated 26.11.2020 and quash the same as illegal and consequently, direct the respondents to issue fresh patta to the petitioner as per measurement mentioned in sale document, dated 11.05.2015.

2. The learned counsel for the petitioner would submit that without considering the sale deed in favour of the petitioner, they have issued the patta with lesser extent.

3.The learned Additional Government Pleader appearing for the respondents would submit that one Amuthavalli was given free patta considering the eligibility and that if the petitioner is aggrieved, he may be directed to give fresh representation and the third respondent may be 2/5

directed to consider the same taking note of the sale deed and other documents and to pass orders within the time stipulated by this Court.

4. Considering the submissions made on either side, the impugned order passed by the third respondent in his proceedings Aa7/2866/2020, dated 26.11.2020, is set aside and the petitioner is directed to give fresh representation to the third respondent and on receipt of the same, the third respondent is directed to consider the same by giving notice to the interested persons and also taking note of the sale deeds relied on by the petitioner and pass orders in accordance with law within a period of six weeks from the date of receipt of representation by the petitioner.

5. With the above directions, the Writ Petition is disposed of. No costs.

15.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das 3/5

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

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

3.The Tahsildar, Ottapitaram Taluk, Thoothukudi District.

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K.MURALI SHANKAR, J das Order made in Dated : 14.03.2024 5/5