Raseek Ali.A v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 05.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) A.Raseek Ali ... Petitioner Vs.

1.The District Collector Ramanathapuram Ramanathapuram District.

2.The Revenue Divisional Officer, Ramanathapuram Ramanathapuram District.

3.The Tahsildar Tahsildar Office, Thiruvadani Taluk Ramanathapuram District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 3rd respondent to issue patta to petitioner's tiled house property situated in Survey No.381/12 at Vellaiyapuram Village, Orur Group, Thiruvadanai Taluk, Ramanathapuram District having extent of 370 sq. ft. in the light of the petitioner's representation dated 03.03.2021 within the stipulated time fixed by this Court. For Petitioner : Mr.S.Muthukumar For Respondents : Mr.R.Suresh Kumar Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the third respondent to consider the representation made by the petitioner on 03.03.2021, wherein the petitioner has sought for issuance of patta in his name with respect to the subject property.

2. The case of the petitioner is that the subject property was originally assigned in favour of the grandmother of the petitioner and an assignment patta was also granted in her name. That apart, the revenue records also stood in her name. The further case of the petitioner is that the properties that were assigned to the 1/3

grandmother was settled in his favour by virtue of a registered settlement deed in the year 2014.

3. The petitioner made a representation/application to the third respondent seeking for issuance of patta in his name. Since the same was not considered, the petitioner made a representation to the higher authorities and they also directed the third respondent to consider the application made by the petitioner. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Heard the learned counsel for the petitioner and the learned Government Advocate 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 made by the petitioner on 03.03.2021 and deal with the same on its own merits and in accordance with law and pass final orders within a period of six 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 also a copy of this order.

7. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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 Ramanathapuram Ramanathapuram District.

2.The Revenue Divisional Officer, Ramanathapuram Ramanathapuram District.

3.The Tahsildar Tahsildar Office, Thiruvadani Taluk Ramanathapuram District.

+1 CC to M/s.B.NAMASIVAYAM, Advocate ( SR-21284[F] dated 06/07/2021 ) +1 CC to M/s.SPL GP ( SR-21338[F] dated 06/07/2021 ) 05.07.2021 ls(CO) TR(13.07.2021) 3P 6C 3/3