R.Umar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI R.Umar .... Petitioner /Vs/

1. The District Collector Thiruchirapalli District.

2. The Thasildar Thuraiyur Taluk, Thiruchirapalli District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to issue patta in respect of Survey No. 174/3 at Thuvarankuruchi village, Marugampuri Taluk, Trichirappalli District in the light of the judgement and decree passed in Original Suit in O.S.No. 178/2011 on the file of the Learned Additional District Munsif Manaparai, Trichirappalli by considering petitioner representation dated 03.03.2025. For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.C.Satheesh Government Advocate 1/5

ORDER

With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal, at the admission stage.

2. The petitioner has made an application seeking issuance of patta on 03.03.2025.

2. The specific case of the petitioner is that in a civil suit, his father's title was upheld and on appeal, only the relief of injunction was declined and for the relief of declaration of title of the petitioner's father was confirmed even by the first appellate Court. Based on the said decree, the petitioner sought for issuance of patta.

3. Considering that the competent Civil Court has upheld the title of the petitioner's father, there can be no impediment for the authorities to grant patta to the petitioner, based on his application dated 03.03.2025, subject to the petitioner satisfying other relevant conditions.

4. The learned Government Advocate would point out that the representation seeks patta in respect of Survey No. 174/3, 2/5

Thuvarankuruchi Village, Marugampuri Taluk, Tirchirappalli District, but however, he would submit that the correct Taluk is Thuvarankuruchi Taluk and not Marugampuri Taluk.

5. In view of the above, the petitioner shall give a fresh representation to the second respondent, enclosing a copy of the earlier representation as well as the copy of this order, within a period of four weeks, from the date of receipt of a copy of this order. On receipt of the same, the second respondent shall pass orders on the petitioner's application on merits and in accordance with law, within a period of eight weeks thereafter.

6. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 28.03.2025 am 3/5

To

1. The District Collector Thiruchirapalli District.

2. The Thasildar Thuraiyur Taluk, Thiruchirapalli District.

4/5

P.B. BALAJI , J.

am Order made in Dated:

28.03.2025 5/5