Madras High CourtWP(MD)/6355/2022disposed of

Ramasamy v. The District Collector

2022-04-06Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Ramasamy .. Petitioner Vs 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Lalgudi Taluk, Trichy District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents No. 3 and 4 to issue a patta in S.F.No.413/4 of an extent of 1/8 cents, S.No.418/2 of an extent of 6 1⁄4 cents, S.F.No.419/2 of an extent of 8 cents, S.F.No.412/3 of an extent of 1.08 acre 22 Cents and 87 1⁄2 Cents, S.F.No.419/6 of an extent of 19 Cents, situated at Ootathur Village, Lalgudi Taluk, Trichy District, based on the petitioner's representation dated 18.03.2022 and pass appropriate orders in accordance with law.

For Petitioner : Mr.V.Karuna for Mr.R.Selvaraj For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the third respondent to issue patta in favour of the petitioner in respect of the properties comprised in S.F.No.413/4 of an extent of 1/8 cents, S.No.418/2 of an extent of 6 1⁄4 cents, S.F.No.419/2 of an extent of 8 cents, S.F.No.412/3 of an extent of 1.08 acre 22 Cents and 87 1⁄2 Cents, S.F.No.419/6 of an extent of 19 Cents, situated at Ootathur Village, Lalgudi Taluk, Trichy District, based on the petitioner's representation and pass final orders, within a time frame to be stipulated by this Court. 2.The petitioner claims that he is the absolute owner of the 1/3

aforementioned properties and is in possession of the same. According to him, by virtue of a settlement deed, dated 31.03.1995, executed by his father, he became the absolute owner of the aforementioned properties. He has applied for patta for the said properties and has also given a representation on 18.03.2022, thereafter. Since his application has not been considered till date, he has filed this writ petition.

3.Heard Mr.V.Karuna, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.No prejudice will be caused to the respondent, if the petitioner's application seeking for issuance of patta is considered on merits and in accordance with law, after affording a fair hearing to the petitioner.

5.The petitioner has filed documents along with this writ petition to support his claim that he is entitled for patta. It is for the respondents to examine the said documents and thereafter, decide as to whether the petitioner is entitled for patta or not. 6.For the foregoing reasons, this Court directs the third respondent to consider the representation, dated 18.03.2022, given by the petitioner, seeking for issuance of patta in respect of the land comprised in S.F.No.413/4 of an extent of 1/8 cents, S.No.418/2 of an extent of 6 1⁄4 cents, S.F.No.419/2 of an extent of 8 cents, S.F.No.412/3 of an extent of 1.08 acre 22 Cents and 87 1⁄2 Cents, S.F.No.419/6 of an extent of 19 Cents, situated at Ootathur Village, Lalgudi Taluk, Trichy 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, within a period of four months from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

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

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.

To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Lalgudi Taluk, Trichy District.

+1 CC to M/s.SPL.GP ( SR-17195[F] dated 07/04/2022 ) 06.04.2022 RD(21.04.2022) 3P 5C 3/3