Prabhu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Prabhu ... Petitioner /Vs./ 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Taluk Office, South Taluk, Madurai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents to issue a patta to the petitioner for the land in Survey No.211/2 of an extent of 436 Sq.ft., Thirupparankundram Village, Madurai South Taluk, Madurai District, based on the petitioner's representation dated 26.09.2019 within a stipulated time fixed by this Court. For Petitioner : Mr.R.Selvaraj For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to issue patta in favour of the petitioner for the land comprised in Survey No.211/2 measuring to an extent of 436 Sq.ft., Thirupparankundram Village, Madurai South Taluk, Madurai District, based on the petitioner's representation dated 26.09.2019, within a time frame to be fixed by this Court. 2.Heard Mr.R.Selvaraj, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

3.The petitioner seeks for issuance of patta in his name for the aforementioned property, since he is in possession of the same 1/3

for a long period of time. The petitioner has also filed documents along with this writ petition to substantiate his case. It is for the respondents to consider the same on merits and in accordance with law and decide as to whether the petitioner is entitled for patta or not.

4.Since the representation is very old, the petitioner will have to give a fresh representation. The learned counsel appearing for the petitioner agrees for the same.

5.No prejudice would be caused to the respondents, if the petitioner's representation to be submitted by the petitioner seeking for issuance of patta in his name for the aforementioned property is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other rival claimants, if any.

6.For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the third respondent seeking for issuance of patta in his name in respect of the property comprised in Survey No.211/2 measuring to an extent of 436 Sq.ft., Thirupparankundram Village, Madurai South Taluk, Madurai District, within a period of two [2] weeks from the date of receipt of a copy of this order. on receipt of such representation, the third respondent shall pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, as well as any other rival claimants, if any, including granting them the right of personal hearing, within a period of twelve (12) weeks thereafter.

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

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 2/3

To:

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Taluk Office, South Taluk, Madurai District.

+1 CC to M/s.SPL. GP ( SR-22956[F] dated 29/04/2022 ) order made in Dated:28.04.2022 PKP/18.05.2022/3P/5C 3/3