Madras High CourtWP(MD)/5121/2022disposed of

Muniyasamy v. The District Collector

2022-03-23Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Muniyasamy ... Petitioner /Vs./ 1.The District Collector, Ramanathapuram District, Ramanathapuram.

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

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

... Respondents P RAYER : 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 Survey No.189/1, Patta No.1600, to an extent of 2 Acres, situated at Perunkulam Village, Ramanathapuram Taluk, Ramanathapuram District, by considering the Petitioner's representation dated 16.02.2020 in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.D.Balamurugapandi 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 herein to issue a Patta in the name of the petitioner in respect of the property comprised in Survey No.189/1, Patta No.1600, to an extent of 2 Acres, situated at Perunkulam Village, Ramanathapuram Taluk, Ramanathapuram District, based on the Petitioner's representation dated 16.02.2022 in accordance with law, within a time frame to be fixed by this Court. 2.According to the petitioner, he is the absolute owner of the aforementioned property having purchased the same under a sale deed dated 21.10.2009 registered as Document No.5936/2009. He is in possession and enjoyment of the same. He has also stated in the 1/3

affidavit filed in support of this writ petition that patta for the subject property stands in the name of his vendor. He has given a representation on 16.02.2022. Since the said representation has not been considered till date, he has filed this writ petition. 3.Heard Mr.D.Balamurugapandi, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.The petitioner has produced the documents along with this writ petition including a copy of the patta standing in the name of his vendor. He has also filed a copy of the sale deed for the subject property standing in his name.

5.The learned Special Government Pleader appearing for the respondents, on instructions, would submit that the said land is classified as "Anadheenam land". The said statement is recorded. It is for the respondents to consider the petitioner's patta application, on merits and in accordance with law. 6.No prejudice would be caused to the respondents, if the petitioner's application seeking for issuance of patta in his name for the aforementioned property is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the respondents deems fit to enquire, within a time frame to be fixed by this Court. 7.Accordingly, this Court directs the third respondent to consider the petitioner's application dated 16.02.

2022 seeking for issuance of patta in his name for the property comprised in Survey No.189/1, Patta No.1600, to an extent of 2 Acres, situated at Perunkulam Village, Ramanathapuram Taluk, Ramanathapuram District, and pass final orders, after affording a fair hearing to the petitioner and other necessary parties, whom the third respondent deems fit to enquire, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

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

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

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-13835[F] dated 23/03/2022 ) +1 CC to M/s.SPL GP ( SR-14495[F] dated 25/03/2022 ) order made in 23.03.2022 RS(07.04.2022) 3P-6C 3/3