Madras High CourtWP(MD)/8871/2022disposed of

Padmavathy v. The Thasildhar,

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8871 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.8871 of 2022 Padmavathy ... Petitioner /Vs./ 1.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

2.The Village Administrative Officer, Keelathiruthangal Village, Sivakasi Taluk, Virudhunagar District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue patta in favour of the petitioner with respect to Plot Nos.43, 44 in Survey No.1396 to an extent of about 7142 sq. Feet, situated in Keelathiruthangal Village, Sivakasi Taluk, Virudhunagar District, which the petitioner got through the sale deed executed in her favour vide through document No.2289/1997 on 24.10.1997 based on the petitioner's representations dated 27.12.2021 and 09.04.2022. For Petitioner : Mr.M.Arun Shankar For Respondents : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This Writ Petition is filed for a Mandamus, seeking for a direction to the respondents to issue patta in favour of the petitioner in respect of the property in Plot Nos.43, 44 in Survey No.1396 measuring to an extent of about 7142 sq. Feets, situated in Keelathiruthangal Village, Sivakasi Taluk, Virudhunagar District, which the petitioner got through the sale deed executed in her favour vide through document No.2289/1997 on 24.10.1997, based on the petitioner's representations dated 27.12.2021 and 09.04.2022, within a time frame to be fixed by this Court. 2.The petitioner claims that she is the owner of the aforementioned property and she claims ownership by virtue of sale deed dated 24.10.1997 standing in her name.

3.Heard Mr.M.Arun Shankar, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.8871 of 2022 4.No prejudice would be caused to the first respondent, if the petitioner's representations are considered on merits and in accordance with law, after affording a fair hearing to the petitioner and other rival claimants if any.

5.For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioner's representations dated 27.12.2021 and 09.04.2022 seeking for issuance of patta in her name for the property comprised in Plot Nos.43, 44 in Survey No.1396 measuring to an extent of about 7142 sq. Feets, situated in Keelathiruthangal Village, Sivakasi Taluk, Virudhunagar District, on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the first respondent deems fit to enquire, 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.

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

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

2.The Village Administrative Officer, Keelathiruthangal Village, Sivakasi Taluk, Virudhunagar District.

+1 CC to M/s.SPL.GP ( SR-23310[F] dated 04/05/2022 ) W.P.[MD]No.8871 of 2022 Dated:29.04.2022 RK(03/06/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2