Perumalsamy v. The Dist. Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR Perumalsamy ... Petitioner Vs.
1.The District Collector, Thoothukudi, Thoothukudi District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District.
3.The Tahsildar, Taluk Office, Vilathikulam Taluk, Thoothukudi District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to issue patta to the petitioner in respect of Natham Survey No.282/1 an extent of 9 cents situated at Mathalapuram Village, Vilathikulam Taluk, Thoothukudi District based on the petitioner representation dated 14.03.2020 and other reliefs. For Petitioner :
Mr.R.Murugan For Respondents : Mr.P.Kannithevan Additional Government Pleader
ORDER
The petitioner seeks for a direction to issue patta in the petitioner's name in respect of Natham in Survey No.282/1, measuring an extent of 9 cents situated at Mathalapuram Village, Vilathikulam Taluk, Thoothukudi District .
2.Mr.P.Kannithevan, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
3. The learned counsel appearing for the petitioner would submit that the property comprised in Natham Survey No.282/1 measuring 9 cents situated at Mathalapuram Village, Vilathikulam Taluk, Thoothukudi District belongs to the petitioner. In respect of the said property, the petitioner's father has executed a mortgage deed in favour of one Velusamy Naicker to secure the loan of Rs.5000/- on 14.06.1999, registered as Document No.348 of 1999. The said loan was discharged on 13.03.2020. It is further stated that in the said deed of mortgage as well as discharge receipts, the survey number has been wrongly mentioned as 53/1 instead of 282/1 and the same has been rectified vide rectification deed dated 18.03.2020 The petitioner has submitted a representation to the third respondent to issue patta in respect of the said property in his favour on 14.03.2020. So far, no order is passed. 4.The learned Additional Government Pleader submits that the petitioner's representation was considered by the third respondent and the rejection order has been passed.
5.The learned counsel appearing for the petitioner would submit that the said order of rejection was not received by the petitioner. 6.Recording the submission of the learned Special Government Pleader, this Court is inclined to direct the respondents to serve the copy of the rejection order within a period of two weeks from the date of receipt of a copy of this order. It is for the petitioner to challenge the said rejection order in accordance with law.
7.With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Thoothukudi, Thoothukudi District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District.
3.The Tahsildar, Taluk Office, Vilathikulam Taluk, Thoothukudi District.
+1 CC to M/s.R. MURUGAN, Advocate ( SR-13408[F] dated 31/07/2020 ) +1 CC to M/s.GP ( SR-13528[F] dated 03/08/2020 ) 31.07.2020 AP(06/08/2020) 3P 6C