Mariammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Mariammal ... Petitioner vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Taluk Office, Ramanathapuram Taluk, Ramanathapuram District.

3.The Municipal Commissioner, Municipal Office, Ramanathapuram Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to issue a Patta in the petitioner's name in respect of the property comprised in Town Survey No.57/16, to an extent of about 2 Cents, situated at Ward-C, Block No.14, Ramanathapuram Town, Soorankottai Group, Ramanathapuram Taluk, Ramanathapuram District, by considering the petitioner's representations dated on 30.09.2021, in accordance with law, within a time stipulated by this Court. For Petitioner :Mr.D.Balamurugapandi For R1 and R2 :Mr.T.Amjad Khan Government Advocate *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to issue assignment patta in the name of the petitioner in respect of the property comprised in Town Survey No.57/16, to an extent of about 2 cents, situated at Ward-C, Block No.14, Ramanathapuram Town, Soorankottai Group, Ramanathapuram Taluk, Ramanathapuram District, by considering the petitioner's representations dated on 30.09.2021, in accordance with law, within a time frame to be fixed by this Court.

2.The case of the petitioner is that she is entitled to get assignment in her name as per G.O.Ms.No.267, dated 17.09.2021. According to her, several other beneficiaries under the said Government Order, have already been granted patta. The petitioner has given a representation on 30.09.2021 for the said purpose. Since the said representation has not been considered till date, she 1/3

has filed this Writ Petition.

3.Heard Mr.D.Balamurugapandi, learned Counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of R1 and R2.

4.The learned Government Advocate, on instructions, would submit that proceedings have already been initiated pursuant to the petitioner's representation, dated 30.09.2021 referred to supra. The said statement is recorded.

5.Since proceedings have already been initiated, no prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner within a time frame to be fixed by this Court.

6.Accordingly, this Court directs the first respondent to consider the petitioner's representation, dated 30.09.2021 seeking for issuance of patta in her name in respect of the property comprised in Town Survey No.57/16, to an extent of about 2 cents, situated at Ward-C, Block No.14, Ramanathapuram Town, Soorankottai Group, Ramanathapuram Taluk, Ramanathapuram District, and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner, 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-II) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Taluk Office, Ramanathapuram Taluk, Ramanathapuram District.

3.The Municipal Commissioner, Municipal Office, Ramanathapuram Ramanathapuram District.

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+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-13604[F] dated 22/03/2022 ) +1 CC to M/s.SPL GP ( SR-13941[F] dated 23/03/2022 ) +1 CC to M/s.A.KANNAN, Advocate ( SR-13786[F] dated 23/03/2022 ) 22.03.2022 RD(04.04.2022) 3P 7C 3/3