Mahamuda Begum.M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Mahamuda Begum ... Petitioner Vs.
1.The District Collector, The District Collectorate, Ramanathapuram.
2.The Revenue Divisional Officer, Paramakudi Division, Paramakudi, Ramanathapuram District.
3.The Tahsildar, Tahsildar Office, Paramakudi, Ramanathapuram District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to consider petitioner's representations dated 26.08.2021 and 03.03.2022 thereby directing the third respondent to issue patta in favour of the petitioner for the property in Old S.No.268/8, New S.No.496/8, 496/9 situated in mela parthibanoor Village, Paramakudi Taluk, Ramanathapuram District within the limits of SRO Manamadurai more fully described to the Schedule in Doc.No.22/1982 dated 20.01.1982.
For Petitioner : Mr.T.Veldurai For Respondents : Mr.B.Saravanan Additional Government Pleader
O R D E R
*********** This Writ Petition has been filed for a Mandamus seeking for a direction to the third respondent to consider the petitioner's representations dated 26.08.2021 and 03.03.2022 requesting the third respondent to issue patta in favour of the petitioner for the property in Old S.No.268/8, New S.No.496/8, 496/9 situated in mela parthibanoor Village, Paramakudi Taluk, Ramanathapuram District within a time frame to be fixed by this Court. 2.The case of the petitioner is that she is the absolute owner of the aforementioned property. She has applied for patta by giving 1/3
representations dated 26.08.2021 and 03.03.2022 to the respondents. Since the same has not been considered till date, the petitioner has filed this writ petition.
3.Heard Mr.T.Veldurai, learned Counsel appearing for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents. 4.On instructions, learned Additional Government Pleader would submit that since there are two sale deeds for the very same property, the respondents have not processed the petitioner's application seeking for issuance of patta. The said statement is recorded.
5.However, this Court is of the considered view that no prejudice would be caused if the petitioner's representations dated 26.08.2021 and 03.03.2022 seeking for issuance of patta is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the rival claimants in whose name the other sale deed stands.
6.Accordingly, this Court directs the third respondent to consider the petitioner's representations dated 26.08.2021 and 03.03.2022, requesting for issuance of patta in her favour for the property in Old S.No.268/8, New S.No.496/8, 496/9 situated in mela parthibanoor Village, Paramakudi Taluk, Ramanathapuram District and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the rival claimants and any other party in whose name the other sale deed stands. 7.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 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.
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To 1.The District Collector, The District Collectorate, Ramanathapuram.
2.The Revenue Divisional Officer, Paramakudi Division, Paramakudi, Ramanathapuram District.
3.The Tahsildar, Tahsildar Office, Paramakudi, Ramanathapuram District.
+1 CC to M/s.SPL GP ( SR-13215[F] dated 21/03/2022 ) 18.03.2022 RD(30.03.2022) 3P 5C 3/3