Madras High CourtWP(MD)/7083/2022disposed of

Mumthaj Begam.A v. The District Collector

2022-04-18Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE A.Mumthaj Begum

...Petitioner

Vs.

1.The District Collector, Ramanathapuram district, Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Paramakudi, Ramanathapuram District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents herein to issue patta to the petitioner land for an extent of 408 square feet of house plot along with two houses in Old Natham Survey No.268/8 in New Natham Survey No.496/8 situated in Melaparthibanur Village, Paramakudi Taluk, Ramanathapuram District based upon her representation dated 03.09.2021 within the time stipulated by this Court.

For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.B.Saravanan, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to issue patta in favour of the petitioner in respect of her property measuring 408 square feet at Old Natham Survey No.268/8 in New Natham Survey No.496/8 situated at Melaparthibanur Village, Paramakudi Taluk, Ramanathapuram District based on the petitioner's representation dated 03.09.2021 within a time frame to be fixed by this Court.

2. The petitioner claims that she is the absolute owner of the aforementioned property and there are two houses situated in the same. The petitioner has filed a copy of the sale deed and the 1/3

settlement deed standing in her name to show that she is the owner of the aforementioned property. The petitioner has given a representation to the respondents seeking for issuance of patta for her property on 03.09.2021. Since patta has not been issued to her till date, she has approached this Court by filing this Writ Petition.

3. Heard Mr.K.Sudalaiyandi, learned counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

4. In support of the petitioner's claim, she has filed documents including a copy of the sale deed dated 17.04.2006 and the settlement deed dated 03.05.2006 standing in her name. The third respondent has already acted upon the representation of the petitioner seeking for patta and has issued a memo dated 13.02.2021. The second respondent has also issued a memo dated 20.01.2021. Another memo has also been issued by the second respondent dated 17.09.2021, which confirms that the second and third respondents have acted upon the representation of the petitioner seeking for issuance of patta.

5. Admittedly, patta has not been issued to the petitioner till date. No prejudice would be caused to the respondents, if the petitioner's representation seeking for issuance of patta is considered on merits and in accordance with law, after affording a fair hearing to the petitioner including granting her the right of personal hearing.

6. For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representation seeking for issuance of patta for her property measuring 408 square feet at Old Natham Survey No.268/8 in New Natham Survey No.496/8 situated at Melaparthibanur Village, Paramakudi Taluk, Ramanathapuram District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting her the right of personal hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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

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

Lm To 1.The District Collector, Ramanathapuram district, Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Paramakudi, Ramanathapuram District.

+1 CC to M/s.K. SUDALAIYANDI, Advocate ( SR-19290[F] dated 19/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-19780[F] dated 20/04/2022 ) 18.04.2022 SRR(CO) KB(02.05.2022) 3P 6C 3/3