Damayanthi .C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.Damayanthi ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Tahsildar, Bodinaickanur, Then District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to grant regular patta to the petitioner for her assignment house - site measuring 2 cents in Block No. 765/45, Survey No. 765/46, Mela Chokkanathapuram town panchayat, Bodinaickanur, Theni District, as per Assignment patta dated 21.09.2000 in the name of petitioner within a reasonable time.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.N.GA.Nataraj, Government Advocate.

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ORDER

Heard both sides.

2.The petitioner seeks assignment patta for the petition mentioned land. 3.The learned Government Advocate informs the Court that assignment patta had already been issued in favour of one Manickam, S/o.James way back in the year 1983. The learned counsel for the petitioner states that the petitioner has put up a house and he has been residing therein for the last 25 years. The property has also been assessed to house tax. She is also enjoying electricity service connection.

4.There may be some discrepancy regarding survey number. But if the factum of residence is confirmed, then the petitioner's long possession will have to be acknowledged and recognized by the second respondent. 5.I, therefore, direct the second respondent to conduct an enquiry in this regard. The second respondent will find out if the following averments are true:- (a) Whether the petitioner had put up a house and he is residing therein. 2/4

(b) Whether the petitioner's house has been assessed to property tax. (c) Whether the petitioner is enjoying electricity service connection. (d) Whether the petitioner is having Aadhar Card. 6.If these facts are in favour of the petitioner, then I am of the view that patta has to be granted in favour of the petitioner in respect of the land in which she is in possession. This exercise shall be completed by the second respondent and final order passed within a period of twelve weeks from the date of receipt of a copy of this order.

7.This writ petition is disposed of accordingly. No costs. 02.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Theni District.

2.The Tahsildar, Bodinaickanur, Then District.

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G.R.SWAMINATHAN, J.

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