Madras High CourtWP(MD)/8822/2025disposed of

A.Mary Pushpam v. The Revenue Divisional Officer

2025-04-01Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI A.Mary Pushpam ... Petitioner Vs.

1.The Revenue Divisional Officer, Padmanabapuram Taluk, Kanyakumari District.

2.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue patta in the name of the petitioner for New Survey No.579/5 measuring 8 cents in Eraniel Village, Kalkualm Taluk, Kanyakumari District within a time frame as per the judgment of the Supreme Court of India in Civil Appeal No.9941 of 2016, dated 03.01.2024.

For Petitioner : Mr.M.S.Suresh Kumar For Respondents : Mr.S.Kameswaran Government Advocate 1/4

O R D E R

The petitioner has applied to the respondents for issuance of patta based on the judgment and decree which attained finality before the Hon'ble Supreme Court in Civil Appeal No.9941 of 2016, dated 03.01.2024.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. The case of the petitioner is that the petitioner has been declared to be the owner of the subject property in respect of which he has sought for patta. In view of the matter attaining finality before the Hon'ble Supreme Court, there can be no impediment for the authorities to consider the petitioner's request for issuance of patta.

4. However, the learned Government Advocate would submit that the petitioner has to make an online application and even the representation has been addressed only to the Chief Minister cell and not to the 2nd respondent. 2/4

5. The learned counsel for the petitioner would however invite my attention to the representation, dated 29.01.2025 given to the Chief Minister Cell and contend that copies have been marked to District Collector as well as Tahsildar.

6. However, considering that there is no application made for issuance of patta to the 2nd respondent, liberty is granted to the petitioner to make an online application and remit the necessary charges. On receipt of such application, the 2nd respondent shall process the petitioner's request for issuance of patta and pass final orders within a period of eight (8) weeks thereafter.

7. With the above direction, this Writ Petition stands disposed of. No costs.

01.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg Note : Issue order copy on 03.04.2025.

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P.B.BALAJI , J.

gbg To:

1.The Revenue Divisional Officer, Padmanabapuram Taluk, Kanyakumari District.

2.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

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