Vasantha.R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Vasantha .. Petitioner Vs 1.The District Collector, Collectorate, Pudukottai District.
2.The District Revenue Officer, Office of DRO, Pudukottai District.
3.The Revenue Divisional Officer, Office of RDO, Pudukottai, Pudukottai District.
4.The Tahsildar, Thirumayam Taluk, Taluk Office, Thirumayam, Pudukottai District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents issue patta in favour of petitioner in respect of property in Arimalam Village, Thirumayam Taluk, Pudukottai District comprising S.No.538/2 and S.No.538/3 and not to assign any patta to any 3rd parties in respect of petitioner's properties by considering petitioner's representation, dated 25/02/2021, within stipulated time fixed by this court.
For Petitioner : Mr.K.R.Manimaran For Respondents : Mr.T.Amjad Khan Government Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to issue patta in favour of the petitioner for the property situated in Arimalam Village, Thirumayam Taluk, Pudukottai District comprising S.No.538/2 and S.No.538/3 and not to assign any patta to any third parties in respect of the aforementioned properties based on the petitioner's representation, dated 25.02.2021, within a time frame to be fixed by this Court. 2.The petitioner claims that she is in possession and enjoyment of the aforementioned property. She has filed documents along with this writ petition in support of her case. It is for the respondents 1/3
to consider the same on merits and in accordance with law. The petitioner has applied for patta for the aforementioned property and also requested the respondents not to issue patta to any other third party, based on her representation, dated 25.02.2021. Admittedly, the said representation has not been considered till date.
3.Heard Mr.K.R.Manimaran, learned counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, appearing for the respondents.
4.No prejudice will 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 other necessary parties, whom the fourth respondent deems fit to enquire.
5.For the foregoing reasons, this Court directs the fourth respondent to consider the petitioner's representation, dated 25.02.2021, seeking for issuance of patta in the name of the petitioner for the property situated in Arimalam Village, Thirumayam Taluk, Pudukottai District comprising S.No.538/2 and S.No.538/3 and not to assign any patta to any third parties, in respect of the said properties and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the fourth respondent deems fit to enquire, within a period of twelve weeks from the date of receipt of a copy of this order.
6.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (AE) // 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.
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To 1.The District Collector, Collectorate, Pudukottai District.
2.The District Revenue Officer, Office of DRO, Pudukottai District.
3.The Revenue Divisional Officer, Office of RDO, Pudukottai, Pudukottai District.
4.The Tahsildar, Thirumayam Taluk, Taluk Office, Thirumayam, Pudukottai District.
+1 CC to M/s.SPL.GP. ( SR-18560[F] dated 13/04/2022 ) +1 CC to M/s.K.R. MANIMARAN, Advocate ( SR-18748[F] dated 13/04/2022 12.04.2022 SRK(CO) KB(28.04.2022) 3P 7C 3/3