Madras High CourtWP(MD)/6481/2022disposed of

Sathayee M v. The District Collector

2022-04-07Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.6481 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.6481 of 2022 M.Sathayee .. Petitioner Vs 1.The District Collector, District Collector, Sivagangai, Sivagangai District.

2.The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondent No.2 to provide patta to the Petitioner property in Survey No.8/4 extent about 60 cents situated at Alangudi Village, Kalayarkovil Taluk, Sivagangai District, within the time frame stipulated by this Court. For Petitioner : Mr.Mahaboob Fazil for M/s.T.Lajapathi Roy For Respondents : Mrs.S.Jeyapriya Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to issue patta in favour of the petitioner for her property comprised in Survey No.8/4 extent about 60 cents situated at Alangudi Village, Kalayarkovil Taluk, Sivagangai District, within a time frame to be fixed by this Court. 2.The petitioner claims that she has purchased the aforementioned property under a sale deed, dated 28.08.2003, registered as document No.1295/2003. According to her, ever since the purchase, she is in possession and enjoyment of the same. The petitioner has applied for patta on 26.03.2022. Since the said application has not been considered till date, this writ petition has been filed.

3.Heard Mr.Mahaboob Fazil, learned counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents.

4.No prejudice will be caused to the respondents, if the petitioner's application, seeking for issuance of patta for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6481 of 2022 aforementioned property in her name is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary parties, whom the second respondent deems fit to enquire.

5.The petitioner has filed a copy of the sale deed standing in her name for the subject property. It is for the respondent to consider the same on merits and in accordance with law. 6.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's application, dated 26.03.2022, seeking for issuance of patta in her name for the property comprised in Survey No.8/4 extent about 60 cents situated at Alangudi Village, Kalayarkovil Taluk, Sivagangai 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 first respondent deems fit to enquire, including granting them the right of personal hearing, within a period of three 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 Note:In view of the present lock down owing to COVID19 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, District Collector, Sivagangai, Sivagangai District.

2.The Tahsildar, Kalayarkovil Taluk,Sivagangai District.

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-17405[F] dated 08/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17910[F] dated 11/04/2022 ) W.P.(MD)No.6481 of 2022 07.04.2022 MGJ(21.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2