Nagarajan.P v. The Dist Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conference) P.Nagarajan
...Petitioner
Vs.
1. The District Collector, Tirunelveli District.
2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.
3. The Thasildar, Taluk Office, Cheranmahadevi, Tirunelveli District.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents or 3rd respondent to issue patta in petitioner's name based on the application of the petitioner dated 24.02.2021 for the agriculture field in Survey No.300/2A21-0.15.00 Hectare, 300/2A16-0.04.00 Hectare and 300/ 2A19-0.07.00 Hectare lands located Pappakudi II, Pappakudi Village, Cheranmahadevi Taluk, Tirunelveli District. For Petitioner : Mr.S.Arunnithy For Respondents : Mr.S.Angappan, Government Advocate.
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O R D E R
This writ petition has been filed for the issue of Writ of Mandamus directing the third respondent to act on the application submitted by the petitioner on 24.02.2021, wherein the petitioner has sought for issuance of Patta in his favour with respect to the subject property.
2. The case of the petitioner is that the subject property was originally purchased by the father of the petitioner through three 1/3
registered sale deeds registered as document nos.90/2017, 1136 /2017 and 2020 /2019. The father of the petitioner had purchased the property from one Esakiammal, wife of Sadaiyan.
3. The further case of the petitioner is that his father executed a registered settlement deed in his favour and all the properties were settled in his favour through settlement deed, dated 21.01.2021. The Patta, with regard to the subject property, stood in the name of the original owner namely, Esakiyammal, wife of Sadaiyan. The petitioner, therefore made a representation to the respondents seeking for issuance of Patta in his favour. Since the same was not acted upon, the present writ petition has been filed before this Court.
4. Heard Mr.S.Arunnithy, learned counsel for the petitioner and Mr.S.Angappan, learned Government Advocate appearing for the respondents.
5. Taking into consideration the facts and circumstances of the case and limited relief sought for in this writ petition, there shall be a direction to the third respondent to consider the application submitted by the petitioner on 24.02.2021 and pass appropriate orders strictly in accordance with law within a period of eight (08) weeks from the date of receipt of a copy of this order.
6. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order. It is made clear that if there are any other interested persons claiming rights over the property, notice shall also be issued to them and they shall also be afforded with an opportunity to raise their objections, if any.
7. The Writ Petition is disposed of with the above directions. However, there shall be no order as to costs. Sd ASSISTANT REGISTRAR ( CS III ) TRUE COPY /05/2021 SUB ASSISTANT REGISTRAR ( CS ) sts NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To:
1. The District Collector, Tirunelveli District.
2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.
3. The Thasildar, Taluk Office, Cheranmahadevi, Tirunelveli District.
1CC TO MR. S.ARUNNITHY, ADVOCATE SR 15419 1CC TO THE SPL GOVT PLEADER SR 15452 TR 03/05/2021 3P/6C Order made in 3/3