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Madras High CourtWP(MD)/6066/2022disposed of

Muthaiah .S v. The Tahsildar

2022-04-04Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.6066 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.6066 of 2022 S.Muthaiah ... Petitioner /Vs./ The Tahsildar, Tahsildar Office, East Taluk, Othakadai, Madurai.

... Respondent P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to give patta for the suit property of 5.9 cents out of 59 cents bearing Survey No.26/3B situated at Meenatchi Nagar, Veerapanjan village, Madurai within the time that may be stipulated by this Court.

For Petitioner : Mr.G.M.Xavier For Respondent : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondent to give free house site patta in respect of the property measuring 5.9 cents out of 59 cents in Survey No.26/3B situated at Meenatchi Nagar, Veerapanjan Village, Madurai, based on the Resolution Nos.174 and 24 dated 28.02.2006 and 10.01.2014, respectively, passed by the Panchayat within a time frame to be fixed by this Court. The petitioner has also given a representation on 20.10.2021 for the said purpose. Since the said representation has not been considered till date, the petitioner has filed this writ petition.

2.Heard Mr.G.M.Xavier, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondent.

3.According to the petitioner, as per the aforementioned resolutions, he is entitled for a free house site patta for the aforementioned property. The petitioner has given a representation dated 20.10.2021 for the said purpose. Admittedly, the said representation has not been considered till date. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.6066 of 2022 4.The learned Additional Government Pleader appearing for the respondent would submit that Tahsildar [East], Othakadai, Madurai, is the competent authority to consider the petitioner's representation.

5.No prejudice would be caused to the respondent, if the representation of the petitioner dated 20.10.2021 is considered on merits and in accordance with law after affording a fair hearing to the petitioner including granting him the right of personal hearing. 6.Accordingly, this Court directs the Tahsildar (East), Othakadai, Madurai, to consider the petitioner's representation dated 20.10.2021 requesting for free house site patta for the property measuring 5.9 cents out of 59 cents in Survey No.26/3B situated at Meenatchi Nagar, Veerapanjan Village, Madurai and pass final orders on merits and in accordance with law in the light of the Resolution Nos.174 and 24 dated 28.02.2006 and 10.01.2014, respectively, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

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

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

The Tahsildar, Tahsildar Office, East Taluk, Othakadai, Madurai.

+1 CC to M/s.SPL.GP ( SR-16913[F] dated 06/04/2022 ) W.P.[MD]No.6066 of 2022 04.04.2022 MGJ(19.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2