Anthony v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2022

CORAM

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

1.The District Collector, District Collectorate Officer, 2.The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai Taluk, 3.The Tahsildar, Aruppukottai Taluk, Aruppukottai, 4.The Special Tahsildar, Adi Dravidar and Tribuanl Welfare Department, Aruppukottai Taluk, Aruppukottai, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second and third respondents to issue the free patta in the Petitioner's land in Survey No.25/12, to an extent of 2 cents situated at R.Kallumadam Colony, R.Kallumadam Post, Aruppukkottai Taluk, Viruthunagar District based on the petitioner's representation dated 28.02.2022, For Petitioner :Mr.J.Mohamed Ibrahim For Respondents :Mr.D.Sasikumar Additional Government Pleader *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the second and third respondents to issue free house site patta in the name of the petitioner for the land in S.No.25/12 measuring an extent of 2 cents situated at R.Kallumadam Colony, R.Kallumadam Post, Aruppukkottai Taluk, Viruthunagar District, based on the petitioner's representation, dated 28.02.2022 within a time frame to be fixed by this Court.

1/3

2.According to the petitioner, he is in possession of the aforementioned property. He has filed documents in support of his claim that he is entitled for free house site patta for the aforementioned property. He has submitted a representation on 28.02.2022 requesting for free house site patta for the aforementioned property. The said representation has not been considered till date. Hence, he has filed this Writ Petition. 3.Heard Mr.J.Mohamed Ibrahim, learned Counsel for the petitioner and Mr.D.Sasikumar, learned Additional Additional Government Pleader, who accepts notice on behalf of the respondents. 4.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 and any other necessary party, whom the third respondent deems fit to enquire. It is for the respondents to examine the documents filed by the petitioner along with this Writ Petition and decide as to whether the petitioner is entitled for free house site patta or not.

5.Accordingly, this Court directs the third respondent to consider the petitioner's representation, dated 28.02.2022 seeking for free house site patta in his name for the land in S.No.25/12 measuring an extent of 2 cents situated at R.Kallumadam Colony, R.Kallumadam Post, Aruppukkottai Taluk, Viruthunagar District, and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the third respondent deems fit to enquire, within a period of three months from the date of receipt of a copy of this order.

6.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, District Collectorate Officer, 2/3

2.The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai Taluk, 3.The Tahsildar, Aruppukottai Taluk, 4.The Special Tahsildar, Adi Dravidar and Tribuanl Welfare Department, Aruppukottai Taluk, Aruppukottai, +1 CC to M/s.SPL GP ( SR-14550[F] dated 25/03/2022 ) +1 CC to M/s.MOHAMED IBRAHIM.J, Advocate ( SR-14689[F] dated 25/03/2022 ) 24.03.2022 RK(04/04/2022) 3P 7C 3/3