Rajakili v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Rajakili ... Petitioner Vs.

1. The District Collector, Theni District, Theni.

2. The District Revenue Divisional Officer, Theni District, Theni.

3. The Tahsildar, Taluk Office, Periyakulam Taluk, Theni District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue patta to the petitioner in Survey No.433/1 with an extent of 10 cents situated at Endapuli Village and Post, Periyakulam Taluk, Theni District on the basis of the petitioner's representation dated 12.02.2022.

For Petitioner : Mr.S.Muniyandi 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 respondents to issue patta to the petitioner in Survey No.433/1 with an extent of 10 cents situated at Endapuli Village and Post, Periyakulam Taluk, Theni District based on the petitioner's representation dated 12.02.2022 within a time frame to be fixed by this Court.

2.According to the petitioner, she is the absolute owner of the aforementioned property. It is also her case that she is in possession of the same. She has applied for patta by submitting an application dated 12.02.2022 with the respondents. Since the said application has not been considered till date, the petitioner has filed this writ petition.

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3.Heard Mr.S.Muniyandi, learned Counsel appearing for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.

4.No prejudice would be caused to the respondents if the petitioner's application seeking for issuance of patta is considered on merits and in accordance with law after affording a fair hearing to the petitioner including granting her the right of personal hearing. However, it is made clear that the petitioner will have to produce all the relevant documents required by the respondents to enable them to consider the petitioner's application seeking for issuance of patta.

5.Accordingly, this Court directs the third respondent to consider the petitioner's application dated 12.02.2022 seeking for issuance of patta in her name for the property comprised in Survey No.433/1 with an extent of 10 cents situated at Endapuli Village and Post, Periyakulam Taluk, Theni District 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 [3] months from the date of receipt of a copy of this order. The petitioner is directed to produce all documents as required by the third respondent to enable the third respondent to pass final orders on the petitioner's application seeking for issuance of patta.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To

1. The District Collector, Theni District, Theni.

2. The District Revenue Divisional Officer, Theni District, Theni.

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3. The Tahsildar, Taluk Office, Periyakulam Taluk, Theni District.

+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-13427[F] dated 22/03/2022 ) +1 CC to M/s.SPL GP ( SR-13866[F] dated 23/03/2022 ) ORDER MADE IN 22.03.2022 SVS(CO) KP(05.04.2022) 3P 6C 3/3