Madras High CourtWP(MD)/6836/2022disposed of

Varatharajan v. The District Collector

2022-04-12Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.6836 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.6836 of 2022 Varatharajan ... Petitioner /Vs./

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai.

3. The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to issue patta in favour of petitioner regarding the land S.No.646/1 (extent 78sq.m) situated at Palavanattham Village, Aruppukottai Taluk, Virudhunagar District.

For Petitioner : Mr.T.Balaji For Respondents : Mr.B.Saravanan Additional 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 for the land in S.No.646/1 (extent 78 sq.m) situated at Palavanattham Village, Aruppukottai Taluk, Virudhunagar District, based on the petitioner's application dated 12.07.2021, within a time frame to be fixed by this Court.

2.According to the petitioner, he is the owner of the aforementioned property. He has filed documents along with this writ petition to substantiate his case. He has submitted an application with the respondents seeking for issuance of patta for the aforementioned property. The second respondent has forwarded the petitioner's application to the third respondent on 09.08.2021. Since there is no progress till date, this writ petition has been filed.

3.Heard Mr.T.Balaji, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

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W.P.[MD]No.6836 of 2022 4.No prejudice would be caused to the third respondent, if the petitioner's application is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other necessary party, whom the third respondent deems fit to enquire.

5.Accordingly, this Court directs the third respondent to consider the petitioner's application seeking for issuance of patta for his property comprised in S.No.646/1 (extent 78 sq.m) situated at Palavanattham Village, Aruppukottai Taluk, Virudhunagar District, based on the proceedings dated 09.08.2021, under which, the second respondent has forwarded the petitioner's application to the third respondent, after affording a fair hearing to the petitioner as well as any other necessary party, whom the third respondent deems fit to enquire,including granting them the right of personal hearing, and pass final orders within a period of twelve [12] weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai.

3. The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

+1 CC to M/s.A. SRINIVASAN, Advocate ( SR-18435[F] dated 13/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18572[F] dated 13/04/2022 ) order made in W.P.[MD]No.6836 of 2022 Dated:

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