Madras High CourtWP(MD)/5219/2022disposed of

Chinnasamy.C v. The District Collector

2022-03-24Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.5219 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.5219 of 2022 C.Chinnasamy ... Petitioner /Vs./ 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Thasildhar, Srivilliputhur, Virudhunagar District.

3.The Commissioner, Srivilliputhur Municipality, Srivilliputhur, Virudhunagar 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 Patta to the petitioner's land for an extent of 114.75 Sq.ft located in southern portion of T.S.No.1976, Town Survey Ward No.3, Block No.17 at Srivilliputhur Municipality, Virudhunagar District within the time stipulated by this Court. For Petitioner : Mr.K.Sudalaiyandi For R1 & R2 : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to issue patta in the name of the petitioner for the petitioner's land measuring an extent of 114.75 Sq.ft., situated in southern portion of T.S.No.1976, Town Survey Ward No.3, Block No.17 at Srivilliputhur Municipality, Virudhunagar District, based on the petitioner's application dated 26.10.2021, within a time frame to be fixed by this Court. 2.The petitioner claims that he is the absolute owner of the aforementioned property. He has filed the documents along with this writ petition in respect of his claims that he is the absolute owner of the aforementioned property and he is in possession of the same. He has submitted an application on 26.10.2021 to the first respondent, which has been forwarded to the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.5219 of 2022 3.Heard Mr.K.Sudalaiyandi, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the official respondents. 4.No prejudice would be caused to the official 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 as well as any other necessary party, whom the official respondents deem fit to enquire.

5.Accordingly, this Court directs the second respondent to consider the petitioner's application dated 26.10.2021 seeking for issuance of patta in his name for the petitioner's land measuring an extent of 114.75 Sq.ft., situated in southern portion of T.S.No.1976, Town Survey Ward No.3, Block No.17 at Srivilliputhur Municipality, Virudhunagar District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing, as well as any other necessary party, whom the second respondent deems fit to enquire, within a period of three [3] months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To:

1.The District Collector, Virudhunagar District,Virudhunagar.

2.The Thasildhar, Srivilliputhur,Virudhunagar District.

3.The Commissioner, Srivilliputhur Municipality, Srivilliputhur, Virudhunagar District.

+1 CC to M/s.K.SUDALAIYANDI,Advocate ( SR-14392[F] dated 25/03/2022 ) +1 CC to M/s.SPL GP ( SR-14548[F] dated 25/03/2022 ) W.P.[MD]No.5219 of 2022 24.03.2022 MGJ(04.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2