Madras High CourtWP(MD)/8362/2022disposed of

Selvaraj .N v. The District Collector

2022-04-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE N.Selvaraj ... Petitioner Vs.

1.The District Collector, Collectorate, 2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, 3.The Tahsildar, Ottapidaram Taluk,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.3 to issue patta in favour of the petitioner for the land in Survey No.524/1 situated at Panchalankurichi Village, Ottapidaram Taluk, Thoothukudi District by considering the representation dated 23.03.2022 made by the petitioner, within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mrs.S.Jeyapriya, Government Advocate.

ORDER

This Writ Petition has been filed for a Mandamus seeking for issuance of patta in favour of the petitioner for the property comprised in Survey No.524/1 situated at Panchalankurichi Village, Ottapidaram Taluk, Thoothukudi District based on the petitioner's representation dated 23.03.2022 within a time frame to be fixed by this Court.

2. The petitioner claims that he is in possession of the aforementioned property for the past 30 years and he is cultivating vegetables, coconut and greens there. He has filed documents along with this Writ Petition to prove his possession. It is for the 1/3

respondents to consider the same and decide as to whether the petitioner is entitled for patta or not. The petitioner has given a representation on 23.03.2022 for the said purpose.

3. Heard Mr.I.Pinaygash, learned counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents.

4. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner and any other necessary party, whom the third respondent deems fit to enquire.

5. For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's representation dated 23.03.2022 seeking for issuance of patta in his name in respect of the property comprised in Survey No.524/1 situated at Panchalankurichi Village, Ottapidaram Taluk, Thoothukudi District, after affording a fair hearing to the petitioner and any other necessary party, whom the third respondent deems fit to enquire, 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/- Vacation Officer/ Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The District Collector, Collectorate, 2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, 2/3

3.The Tahsildar, Ottapidaram Taluk, +1 CC to M/s.I.PINAYGASH, Advocate ( SR-22280[F] dated 28/04/2022 ) +1 CC to M/s.SPL. GP ( SR-23033[F] dated 29/04/2022 ) 28.04.2022 GM(CO) GC(18.05.2022) 3P 6C 3/3