Madras High CourtWP(MD)/8340/2022disposed of

Vellimalai v. The District Collector

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 Vellimalai ... Petitioner vs.

1.The District Collector, Dindigul, Dindigul District. 2.The District Revenue Officer, Dindigul, Dindigul District. 3.The Revenue Divisional Officer, Dindigul, Dindigul District. 4.The Tahsildar, Dindigul East Taluk, Taluk Office, Dindigul, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 3rd respondent to issue patta to the petitioner for his land of bearing Ayan Survey No. 564/2, an extent of 4 acres, situated at Sirumalai Village, Dindigul East Taluk, Dindigul District.

For Petitioner :Mr.R.Murugappan For Respondents :Mr.M.Lingadurai Special Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the third respondent to issue patta in favour of the petitioner for his land bearing Ayan Survey No. 564/2, an extent of 4 acres, situated at Sirumalai Village, Dindigul East Taluk, Dindigul District, based on the petitioner's representation, dated 26.02.2022 within a time frame to be fixed by this Court. 2.The petitioner claims that he is in possession and enjoyment of the aforementioned property. It is also his case that he has paid property tax for the said property. He seeks for issuance of patta in his name. The petitioner has given a representation on 26.02.2022 seeking for issuance of patta in his name. Since, the said representation has not been considered till date, he has filed this Writ Petition.

3.Heard Mr.R.Murugappan, learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

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4.The learned Special Government Pleader, on instructions, would submit that the subject land is a Government punja land. However, the same is disputed by the learned Counsel for the petitioner.

5.No prejudice will be caused to the respondents, if the petitioner's representation seeking for issuance of patta is considered on merits and in accordance with law after affording a fair hearing to the petitioner and any other rival claimants, if any, within a time frame to be fixed by this Court. 6.For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representation, dated 26.02.2022 seeking for issuance of patta in his name for the land bearing Ayan Survey No. 564/2, an extent of 4 acres, situated at Sirumalai Village, Dindigul East Taluk, Dindigul District, on merits and in accordance with law after affording a fair hearing to the petitioner and any other rival claimants, if any, within a period of four months from the date of receipt of a copy of this order. 7.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Dindigul, Dindigul District. 2.The District Revenue Officer, Dindigul, Dindigul District. 3.The Revenue Divisional Officer, Dindigul, Dindigul District. 4.The Tahsildar, Dindigul East Taluk, Taluk Office, Dindigul, Dindigul District.

+1 CC to M/s.R. MURUGAPPAN, Advocate ( SR-22035[F] dated 28/04/2022 ) 2/3

+1 CC to M/s.SPL. GP ( SR-23005[F] dated 29/04/2022 ) 27.04.2022 SRR(CO) KB(17.05.2022) 3P 7C 3/3