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Madras High CourtWP(MD)/6745/2022disposed of

Shanmugasundaram P v. The District Collector

2022-04-12Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.6745 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.6745 of 2022 P.Shanmugasundaram ... Petitioner Vs.

1.The District Collector, Theni District.

2.The District Revenue Officer, Theni District.

3.The Sub Collector/Revenue Divisional Officer, Periyakulam, Theni District.

4.The Tahsildar, Theni Taluk, Theni District.

5.M.Sait Mohammed

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to issue patta in the name of the petitioner for the vacant site in Plot No.A108 situated in Survey No.965/1C1 in Unjampatti Village, Theni Taluk and District by considering the representation of the petitioner dated 07.02.2022. For Petitioner : Mr.A.Mohan For R-1 to R-4 : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to issue patta in the name of the petitioner for the vacant site in Plot No.A108 situated in Survey No.965/1C1 in Unjampatti Village, Theni Taluk, Theni District based on the petitioner's representation dated 07.02.2022 within a time frame to be fixed by this Court.

2. The petitioner claims that he is the absolute owner of the aforementioned property and he is in possession of the same. He has https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.6745 of 2022 given a representation to the official respondents seeking for issuance of patta for the said property on 07.02.2022. According to the petitioner, the second respondent has forwarded the petitioner's representation to the third respondent for necessary action.

3. The petitioner has filed documents along with this Writ Petition including the sale deed standing in his name. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and the fifth respondent and any other necessary party, whom the fourth respondent deems fit to enquire.

4. For the foregoing reasons, this Court directs the fourth respondent to consider the petitioner's representation dated 07.02.2022 seeking for issuance of patta in his name for the vacant site in Plot No.A108 situated in Survey No.965/1C1 in Unjampatti Village, Theni Taluk, Theni District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the fifth respondent and any other necessary party, whom the fourth respondent deems fit to enquire, including granting them the right of personal hearing, within a period of three (3) months from the date of receipt of a copy of this order.

5. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The District Collector, Theni District.

2.The District Revenue Officer, Theni District.

3.The Sub Collector/Revenue Divisional Officer, Periyakulam, Theni District.

4.The Tahsildar, Theni Taluk,Theni District.

+1 CC to M/s.SPL.GP. ( SR-18844[F] dated 13/04/2022 ) W.P.(MD).No.6745 of 2022 12.04.2022 MGJ(26.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2