D.Rajamani v. The Dist Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.Rajamani ... Petitioner Vs.
1.The District Collector, Sivagangai, Sivagangai District.
2.The Tahsildar, Sivagangai Town, Sivagangai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to process petitioner's application, dated 14.08.2019 for patta to dwelling house in respect of house in door No.1442/B1, Seethalakshmi Nagar, 6th Cross Road, Thondi Road, Sivagangai, following the proceeding of 1st respondent in X.K.P1/24401/19, dated 03.12.2019 and pass order upon petitioner's representation, dated 14.08.2019, within a time frame fixed by this Court. For Petitioner : Mr.V.Manikandan For Respondents : Mr.M.Lingadurai Government Advocate
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the second respondent to consider the representation made by the petitioner on 14.08.2019, wherein, the petitioner is seeking for issuance of patta with respect to the subject property.
2. The case of the petitioner is that she is in possession and enjoyment of the subject property for more than 22 years and the house tax has already been assessed in the name of the petitioner. The further case of the petitioner is that electricity service connection has also been given and electricity bills are paid in the name of the petitioner.
3. The petitioner made an application to the second respondent seeking for issuance of patta with respect to the subject property. The first respondent also through proceedings 1/3
dated 03.12.2019, directed the second respondent to process the application. Since there was no progress in the enquiry, the present Writ Petition has been filed before this Court seeking for appropriate directions.
4. Heard Mr.V.Manikandan, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing on behalf of 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 second respondent to consider the representation / application made by the petitioner on 14.08.2019 and deal with the same on its own merits and in accordance with law and pass final 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 second respondent along with all the relevant documents and also a copy of this order.
7. This Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS-II) // 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. To 1.The District Collector, Sivagangai, Sivagangai District.
2.The Tahsildar, 2/3
Sivagangai Town, Sivagangai.
+1 CC to M/s.V.MANIKANDAN, Advocate ( SR-21281[F] dated 06/07/2021 ) +1 CC to M/s.SPL GP ( SR-21529[F] dated 07/07/2021 ) 06.07.2021 SSS(CO) RD(14.07.2021) 3P 4C 3/3