Madras High CourtWP(MD)/7181/2022disposed of

Singaram.D v. The Tahsildar

2022-04-18Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.7181 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.7181 of 2022 D.Singaram .. Petitioner Vs The Tahsildar, Madurai North Taluk, Tahsildar Office, Madurai.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to pass orders on the petitioner's statutory application under Section 10 of the Tamil Nadu Patta Pass Book Act 1983, dated 24.03.2022, within the time that may be stipulated by this Court. For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.B.Saravanan, Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondent to pass final orders on the petitioner's application, dated 24.03.2022, under the Tamil Nadu Patta Pass Book Act, 1983, seeking for issuance of patta in her name, within a time frame to be fixed by this Court.

2.Heard Mr.M.Mahaboob Athiff, learned counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 3.On instructions, the learned Additional Government Pleader, would submit that earlier, patta for the said property stood in the name of Dhanalakshmi Ammal in Patta No.342, based on UDR survey. Since the petitioner is seeking for issuance of patta for the very same property in her name, the competent authority to consider the said application is only the concerned District Revenue Officer. The concerned District Revenue Officer is not a party respondent in this writ petition. Therefore, the petitioner will have to make a fresh application to the District Revenue Officer, Madurai, seeking for issuance of patta in her name for the subject property. 4.Therefore, this Court directs the petitioner to submit a fresh application to the District Revenue Officer, Madurai, seeking https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.7181 of 2022 for issuance of patta in respect of the land measuring an extent of 1470 sq. feet (3.375 cents) in Re-Survey No.28/1A1A1A, Vandiyur Bit 1 Village, Madurai North Taluk, Madurai, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said application, the District Revenue Officer, Madurai, shall pass final orders on the petitioner's application, seeking for issuance of patta in her name, after affording a fair hearing to the petitioner as well as any other necessary party, whom the District Revenue Officer, deems fit to enquire, within a period of twelve weeks, thereafter.

5.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID-19 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 Tahsildar, Madurai North Taluk, Tahsildar Office, Madurai.

2.The District Revenue Officer, Madurai.

+1 CC to M/s.M.MAHABOOB, Advocate ( SR-19479[F] dated 19/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-19775[F] dated 20/04/2022 ) W.P.(MD)No.7181 of 2022 18.04.2022 RD(29.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2