Madras High CourtWP(MD)/8270/2022disposed of

Jansi Rani .K v. The Commissioner Of Land Administration

2022-04-27Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Jansi Rani ... Petitioner Vs.

1.The Commissioner of Land Administration, O/o. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.

2.The District Collector, O/o. The District Collectorate, Madurai District.

3.The District Revenue Officer, District Revenue Office, Madurai.

4.The Revenue Divisional Officer, Revenue Divisional Office, Thirumangalam, Madurai District.

5.The Tahsildar, Thiruparankuntram Taluk, Madurai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 to 5 to conduct the enquiry and provide the patta to the petitioner based on the civil court decree in O.S.No.669 of 2010 dated on 29.11.2011 and sale deed dated 25.01.2010 in the name of the petitioner in respect of S.No.4/2 extent about 1 acre 26 cents situated at Melanedunkulam Village, Thiruparankundram Taluk, Madurai District, within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.D.Sasikumar, Additional Government Pleader 1/3

O R D E R

*********** This writ petition has been filed for a mandamus seeking for a direction to the respondents 2 and 5 to conduct enquiry and issue patta in the name of the petitioner based on the Civil Court decree in O.S.No.669/2010 dated 29.11.2011, in respect of the property comprised in S.No.4/2 extent about 1 acre 26 cents situated at Melanedunkulam Village, Thiruparankundram Taluk, Madurai District, based on the petitioner's representation dated 14.02.2022, within a time frame to be fixed by this Court.

2.The petitioner claims ownership of the aforementioned property by virtue of a sale deed dated 25.01.2010, standing in her name registered as Document No.52/2010. The petitioner claims that ever since the purchase she has been in possession and enjoyment of the property as the absolute owner. Thereafter, the petitioner due to some disputes raised over the property had filed a civil suit in O.S.No.669 of 2010 and by judgment and decree dated 29.11.2011 passed by the District Musnif Court, Thirumangalam, a declaratory decree was granted in favour of the petitioner declaring that she is the absolute owner of the aforementioned property. Based on the said Civil Court decree and based on the sale deed dated 25.01.2010, the petitioner has submitted a representation on 14.02.2022 for issuance of patta in her name. Since, the said representation has not been considered till date, the petitioner has filed this writ petition.

3.Heard Mr.T.Lajapathi Roy, learned Counsel appearing for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents. 4.Learned Additional Government Pleader appearing for the respondents on instructions would submit that subject property belongs to an Anatheenam. However, the same is disputed by the learned Counsel for the petitioner.

5.No prejudice would be caused to the respondents if the petitioner's representation dated 14.02.2022 is considered on merits and in accordance with law after affording a fair hearing to the petitioner and other necessary parties whom the fifth respondent deems fit to enquire.

6.For the foregoing reasons, this Court directs the fifth respondent to pass final orders on the petitioner's representation dated 14.02.2022 seeking for issuance of patta in her name for the property comprised in S.No.4/2 extent about 1 acre 26 cents situated at Melanedunkulam Village, Thiruparankundram Taluk, Madurai District, after affording a fair hearing to the petitioner and other rival claimants, if any, including granting them the right of 2/3

personal hearing, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To: