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Madras High CourtWP(MD)/5829/2021disposed of

Saraswathy.K v. The Sub-Collector

2023-09-22Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Saraswathy ... Petitioner Vs.

1.The Sub-Collector, Periyakulam-625 605, Theni District.

2.The Tahsildar, Theni Taluk, Theni District.

3.Indira 4.Rajkumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to pass and deliver final orders in Case No.6005/2017/A1 on the basis of the report and recommendations made by the second respondent in the report in Na.Ka.No.989/2019/A3 dated 31.08.2019 and cancel the fraudulent pattas (No. 6291 and No.7831) issued in the names of third and fourth respondents respectively and consequently, to pass orders directing the second respondent to issue separate-individual patta in the name of the petitioner in respect of petitioner's house site of 6 cents & 24 sq.ft. (2640 sq.ft) in survey No.72/3A 1/4

(present sub-divided survey No.72/27) in Palanichettipatty, Veerapandi Revenue Village, Theni District within a time limit to be fixed by this Court. For Petitioner : Mr.A.Thirumurthy For Respondents : Mr.A.K.Manikkam, Special Government Pleader For R-1 & R-2

ORDER

This Writ Petition is filed for Writ of Mandamus, to direct the first respondent to pass and deliver final orders in Case No.6005/2017/A1 on the basis of the report and recommendations made by the second respondent in the report in Na.Ka.No.989/2019/A3 dated 31.08.2019 and cancel the fraudulent pattas (No.6291 and No.7831) issued in the names of third and fourth respondents respectively and consequently, to pass orders directing the second respondent to issue separate-individual patta in the name of the petitioner in respect of petitioner's house site of 6 cents & 24 sq.ft. (2640 sq.ft) in survey No. 72/3A (present sub-divided survey No.72/27).

2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

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3. The second respondent is directed to consider the petitioner's case as per law and pass orders within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With these observations and directions, this Writ Petition is disposed of. There shall be no order as to costs.

22.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Sml To 1.The Sub-Collector, Periyakulam-625 605, Theni District.

2.The Tahsildar, Theni Taluk, Theni District.

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S.SRIMATHY, J.

Sml 22.09.2023 4/4