Madras High CourtWP(MD)/8107/2022disposed of

Thangavel v. The District Collector

2022-04-26Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Thangavel ... Petitioner Vs.

1.The District Collector, Virudhunagar, 2.The Revenue Divisional Officer, 3.The Tahsildar,

...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 to conduct an enquiry and issue the patta in favour of the petitioner in respect of his land in Survey No.334/1 to the extent of 25 cents at Nainapuram Village, Karisalpatti, Sattur Taluk, Virudhunagar District, on the basis of the petitioner's representation dated 02.08.2021 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.S.T.Sasidharan Tamilkani For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to conduct an enquiry and issue patta in favour of the petitioner in respect of his land in Survey No.334/1 measuring an extent of 25 cents at Nainapuram Village, Karisalpatti, Sattur Taluk, Virudhunagar District based on the petitioner's representation dated 02.08.2021 within a time frame to be fixed by this Court.

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2. The petitioner claims that he is the absolute owner of the aforementioned property having purchased the same under a sale deed dated 25.06.1975 registered as Document No.1323/1975. According to the petitioner, ever since the purchase, he is in possession and enjoyment of the said property. He has given a representation to the respondents on 02.08.2021 seeking for issuance of patta in his name for the aforementioned property. Since the said representation has not been considered till date, he has filed this Writ Petition.

3. Heard Mr.S.T.Sasidharan Tamilkani, learned counsel for the 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 the Writ Petition to substantiate his case that he is the owner of the subject property for which patta has been sought for. It is for the respondents to consider the same on merits and in accordance with law, after affording a fair hearing to the petitioner and any other rival claimants if any.

5. For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representation dated 02.08.2021 seeking for issuance of patta in his name for the property being land comprised in Survey No.334/1 measuring an extent of 25 cents at Nainapuram Village, Karisalpatti, Sattur Taluk, Virudhunagar District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other rival claimants, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. 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) Lm To 1.The District Collector, Virudhunagar, 2.The Revenue Divisional Officer, 2/3

3.The Tahsildar, +1 CC to M/s.S.T.SASIDHARAN TAMILKANI, Advocate ( SR-21246[F] dated 26/04/2022 ) +1 CC to M/s.SPL.GP ( SR-22364[F] dated 28/04/2022 ) 26.04.2022 MGJ(16.05.2022) 3P 6C 3/3