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Madras High CourtWP(MD)/7354/2022disposed of

Paramakudi Samarasa Suddha Sankarkka v. The District Collector

2022-04-20Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Paramakudi Samarasa Suddha Sanmarkka Vallalaar Saththiya Arakattalai, Through its President, M.N.Ravichandran Chettiyar ... Petitioner /Vs./

1. The District Collector, Ramanathapuram District, Ramanthapuram.

2. The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District-623 707 ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd Respondent to pass the order of Patta Transfer within stipulated time by considering the Petitioner's representation dated 02.03.2022 and 17.03.2022 pending before him.

For Petitioner : Mr.I.Robert Chandrakumar For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to pass order of Patta Transfer in favour of the petitioner based on the petitioner's representations dated 02.03.2022 and 17.03.2022, within a time frame to be fixed by this Court.

2.According to the petitioner, they are the absolute owners of the property comprised in S.No.113/24 measuring to an extent of 15 x 70 feet situated at old Door No.2/423, Ayyathurai Pillai Street, 2nd Ward, Paramakudi Town, Ramanadhapuram District. It is their case that the name of the petitioner was changed from Samarasa Suddha Sanmarkka Saththiya Sangam to the present name on 18.08.2018. But, 1/3

the patta stands in the previous name of the petitioner, namely, Samarasa Suddha Sanmarkka Saththiya Sangam. In such circumstances, the petitioner has submitted representations on 02.03.2022 and 17.03.2022 to the respondents requesting them to issue fresh patta in the name of the petitioner in place of earlier name, namely Samarasa Suddha Sanmarkka Saththiya Sangam. Since the representations have not been considered till date, the petitioner has filed this writ petition.

3.Heard Mr.I.Robert Chandrakumar, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.The petitioner has filed documents along with this writ petition in respect of the aforementioned contentions. 5.The learned counsel appearing for the petitioner would also draw the attention of this Court to the notice received from the second respondent intimating the petitioner that orders will be passed on or before 05.04.2022 and he would submit that till date, no orders have been passed.

6.No prejudice would be caused to the respondents, if the petitioner's representations are considered on merits and in accordance with law, after affording a fair hearing to the petitioner and final orders passed thereon by the second respondent. 7.For the foregoing reasons, this Court directs the second respondent to pass final orders with regard to the petitioner's representations dated 02.03.2022 and 17.03.2022 requesting them to issue fresh patta in the name of the petitioner ie., Paramakudi Samarasa Suddha Sanmarkka Vallalaar Saththiya Arakattalai, in place of earlier name, namely Samarasa Suddha Sanmarkka Saththiya Sangam, after affording a fair hearing to the petitioner, including granting them the right of personal hearing within a period of eight (8) weeks from the date of receipt of a copy of this order. 8.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

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

To

1. The District Collector, Ramanathapuram District, Ramanthapuram.

2. The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District-623 707 +1 CC to M/s.SPL.G.P ( SR-20308[F] dated 21/04/2022 ) 20.04.2022 MGJ(10.05.2022) 3P 4C 3/3