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Madras High CourtWP(MD)/8166/2022disposed of

Chinnasokkammal v. The Thasildar

2022-04-26Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.8166 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.8166 of 2022 Chinnasokkammal ... Petitioner vs.

The Tahsildar, Kariyapatti, Kariyapatti Taluk, Virudhunagar District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to issue patta for the lands in S.Nos.30/4 and 32/1A situated at Korandi Village, Kariyappatti Taluk, Virudhunagar District by considering the petitioner's representation, dated 14.03.2022. For Petitioner :Mr.A.Srinivasan For Respondent :Mr.D.Sasikumar Additional Government Pleader *****

O R D E R

This Writ Petition has been filed for Mandamus seeking for a direction to the respondent to issue patta in her name for the land in S.Nos.30/4 and 32/1A situated at Korandi Village, Kariyappatti Taluk, Virudhunagar District based on the petitioner's representation, dated 14.03.2022 within a time frame to be fixed by this Court.

2.The petitioner claims that she is the absolute owner of the aforementioned property by virtue of a sale certificate issued by the District Munsif Court, Aruppukottai, dated 28.06.1989. She has filed documents including the copy of the sale certificate, dated 28.06.1989 and the encumbrance certificate along with this Writ Petition. She has submitted an application on 17.06.2021 through online seeking for patta transfer in her name for the aforementioned property. Thereafter, she has given a reminder representation, dated 14.03.2022. Since her application for patta transfer has not been considered till date, she has filed this Writ Petition. 3.Heard Mr.A.Srinivasan, learned Counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who takes notice on behalf of the respondent.

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W.P.(MD)No.8166 of 2022 4.No prejudice will be caused to the respondent, if the petitioner's representation seeking for patta transfer in her name for the aforementioned property is considered on merits and in accordance with law after affording a fair hearing to the petitioner and any other necessary party whom the respondent deems fit to enquire.

5.For the foregoing reasons, this Court directs the respondent to consider the petitioner's application, dated 17.06.2021 followed by his reminder, letter dated 14.03.2022 seeking for issuance of patta in his name for the property comprised in S.Nos.30/4 and 32/1A situated at Korandi Village, Kariyappatti Taluk, Virudhunagar District, and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and any other necessary party whom the 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 (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To The Tahsildar, Kariyapatti, Kariyapatti Taluk, Virudhunagar District.

+1 CC to M/s.V. VIJAYSHANKAR, Advocate ( SR-21829[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21895[F] dated 27/04/2022 ) W.P.(MD)No.8166 of 2022 26.04.2022 RD(25.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2