Madras High CourtWP(MD)/4715/2022disposed of

Patturoja v. The District Collector

2022-03-17Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Patturoja .. Petitioner Vs 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Tahsildar Office, Lalgudi Taluk, Trichy District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to grant patta to the petitioner's house site land in S.No.256 is situated at Neikulam Village, Lalgudi, Trichy District, by the way of considering petitioner's representation, dated 16.02.2021. For Petitioner : Mr.R.Venkatesan For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to grant patta to the petitioner's house site land situated in S.No.256 is situated at Neikulam Village, Lalgudi, Trichy District, based on the petitioner's representation, dated 16.02.2021, within a time frame to be fixed by this Court.

2.The petitioner claims that she is in possession and enjoyment of the aforementioned property for the past 50 years. According to the petitioner, as per G.O.Ms.No.854, Revenue Department, she is entitled for a free house site patta for the said property. She has given a representation, dated 16.02.2021, for the said purpose. Since the representation has not been considered till date, she has filed this writ petition.

3.Heard Mr.R.Venkatesan, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 1/3

4.The petitioner claims that she is entitled for free house site, in view of the fact that she has been in possession and enjoyment of the property for more than 50 years as per G.O.Ms.No.854. She has given a representation on 16.02.2021, to the respondents seeking for issuance of free house site patta. 5.No prejudice will be caused to the respondents, if the petitioner's representation, dated 16.02.2021, is considered on merits and in accordance with law and pass final orders, within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner including granting him the right of personal hearing.

6.Accordingly, this Court directs the second respondent to consider the petitioner's representation, dated 16.02.2021, requesting for issuance of free house site patta for the property comprised in S.No.256 is situated at Neikulam Village, Lalgudi, Trichy District, in the light of G.O.Ms.No.854, Revenue Department, and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, including granting her the right of personal hearing, within a period of three months from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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.

To 1.The District Collector, Trichy District, Trichy.

2/3

2.The Tahsildar, Tahsildar Office, Lalgudi Taluk, Trichy District.

+1 CC to M/s.R.VENKATESAN, Advocate ( SR-12779[F] dated 17/03/2022 ) +1 CC to M/s.SPL GP ( SR-12997[F] dated 18/03/2022 ) 17.03.2022 SP(CO) TR(31.03.2022) 3P 5C 3/3