Madras High CourtWP(MD)/6406/2022disposed of

Subbaiah S v. The District Collector

2022-04-07Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.6406 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.6406 of 2022 S.Subbiah ... Petitioner Vs.

1.The District Collector, Sivagangai.

2.The Tahsildar, Karaikudi Taluk, Karaikudi.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to forthwith grant patta in favour of the petitioner in respect of the land of an extent of 2430 sq.ft in Plot No.2/1, T.S.No.878/1, B.Block, Nattar Layout Sekkalaikottai, Karaikudi Municipal Town.

For Petitioner : Mrs.AL.Ganthimathi For Respondent : 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 respondents to issue patta in favour of the petitioner for the property measuring an extent of 2430 sq.ft in Plot No.2/1, T.S.No.878/1, B.Block, Nattar Layout Sekkalaikottai, Karaikudi Municipal Town, based on the petitioner's application dated 21.03.2022, 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 a copy of the sale deed dated 07.06.1989, standing in his name. It is also his case that he has put up construction, thereafter. The petitioner has now applied for patta for the aforementioned property, by submitting an application to the second respondent on 21.03.2022. Since the said representation has not been considered till date, the petitioner has filed this writ petition.

3.Heard Mrs.AL.Ganthimathi, learned Counsel appearing for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.6406 of 2022 4.No prejudice would be caused to the respondents if the petitioner's application seeking for issuance of patta in his name is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the other necessary parties whom the second respondent deems fit to enquire. The petitioner has also filed the sale deed standing in his name. It is for the respondents to examine the same.

5.For the foregoing reasons, this court directs the second respondent to consider the representation of the petitioner dated 21.03.2022, seeking for issuance of patta in his name for the property measuring an extent of 2430 sq.ft in Plot No.2/1, T.S.No.878/1, B.Block, Nattar Layout Sekkalaikottai, Karaikudi Municipal Town and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and other necessary parties, if any whom the second respondent deems fit to enquire within a period of twelve [12] weeks from the date of receipt of a copy of this order.

6.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Sivagangai.

2.The Tahsildar, Karaikudi Taluk, Karaikudi.

+1 CC to M/s.AL. GANTHIMATHI, Advocate ( SR-17387[F] dated 08/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17536[F] dated 08/04/2022 ) ORDER MADE IN W.P.[MD]No.6406 of 2022 07.04.2022 SVN(CO)GC(21.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2