Madras High CourtWP(MD)/8797/2022disposed of

Ragavan v. The District Collector

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.8797 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.8797 of 2022 Ragavan ... Petitioner Vs.

1.The District Collector, District Collector Office, Virudhunagar District.

2.The Tahsildar, Tahsildar Office, Vathirayiruppu Taluk, Virudhunagar District.

...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.2 to consider the petitioner's representation dated 15.03.2022 and to issue patta to the petitioner's share for the total land property with an extent of 22 cents situated in Old Survey No.689/1A, New Survey No.1586/8, V.Pudhupatti, Vathirayiruppu Taluk, Virudhunagar District within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for issuance of patta in favour of the petitioner for his share in the property comprised in Old Survey No.689/1A, New Survey No.1586/8, V.Pudhupatti, Vathirayiruppu Taluk, Virudhunagar District measuring an extent of 22 cents based on the petitioner's representation dated 15.03.2022.

2. The petitioner has filed copies of documents along with this Writ Petition to substantiate his claim that his mother is the absolute owner of the aforementioned property. He has filed sale deeds and other documents. He seeks for issuance of patta for the said property and has given a representation on 15.03.2022 for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.8797 of 2022 said purpose. Since the said representation has not been considered till date, he has filed this Writ Petition.

3. 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 including granting him the right of personal hearing.

4. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 15.03.2022 seeking for issuance of patta in his favour for his share in the property measuring an extent of 22 cents situated at Old Survey No.689/1A, New Survey No.1586/8, V.Pudhupatti, Vathirayiruppu Taluk, Virudhunagar District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other rival claimants, if any, including granting them the right of personal hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The District Collector, District Collector Office, Virudhunagar District.

2.The Tahsildar, Tahsildar Office, Vathirayiruppu Taluk, Virudhunagar District.

+1 CC to M/s.SPL.GP ( SR-23179[F] dated 02/05/2022 ) W.P.(MD).No.8797 of 2022 29.04.2022 RD(23.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2