Sahurbanu Bibi.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH A.Sahurbanu Bibi ... Petitioner Vs.

1.The District Collector, Tiruchirapalli District, Collectorate Buildings, Tiruchirapalli - 620 001. 2.The Revenue Divisional Officer, Srirangam Zone, Muthukulam, Trichirappalli District.

3.The Tahsildhar Manapparai, Tahsildhar's Office, Manapparai, Trichirappalli District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents 1 to 3 to initiate appropriate enquiry upon the representation of the petitioner and to grant patta in her favour in respect of the land to an extent of Ac.0.01 3⁄4 cents, situates in survey No.125/5, Ayanreddiyapatty Village, Elangakurichi, Manapparai Taluk, Trichirappalli District, within the time frame to be fixed by this Court.

For Petitioner : Mr.K.S.Kathiravan For Respondents : Mr.M.Lingadurai, Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to consider the representation made by the petitioner on 17.03.2020, wherein, the petitioner is seeking for issuance of patta in her favour with respect to the subject property.

2. The case of the petitioner is that the subject property belongs to her absolutely by virtue of a registered sale deed dated 05.10.1978. The further case of the petitioner is that some of the 1/3

neighbours filed a suit for the relief of permanent injunction against the petitioner in O.S.No.82 of 2002 before the District Munsif Court, Manapparai and this suit was dismissed by Judgment and Decree, dated 02.11.2011. According to the petitioner, this decree has become final and no appeal was preferred.

3. The petitioner has made a representation requesting for grant of patta in her favour with respect to the subject property. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.K.S.Kathiravan, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the third respondent to consider the representation / application made by the petitioner on 17.03.2020 and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.

6. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and and also a copy of this order.

7. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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.

2/3

To 1.The District Collector, Tiruchirapalli District, Collectorate Buildings, Tiruchirapalli - 620 001.

2.The Revenue Divisional Officer, Srirangam Zone, Muthukulam, Trichirappalli District.

3.The Tahsildhar Manapparai, Tahsildhar's Office, Manapparai, Trichirappalli District.

+1 CC to M/s.SPL GP ( SR-20738[F] dated 30/06/2021 ) +1 CC to M/s.K.S.KATHIRAVAN, Advocate ( SR-20803[F] dated 01/07/2021 ) Order made in Dated :

29.06.2021 AS (07.07.2021) 3P 6C 3/3