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Madras High CourtWP(MD)/11135/2021disposed of

Manimuthu.Sp v. The District Collector

2021-07-06Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.11135 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.11135 of 2021 SP.Manimuthu

...Petitioner

Vs.

1.The District Collector, Sivagangai District.

2.The Tahsildar, Karaikudi Taluk, Sivagangai District.

3.The Special Tahsildar (Ground Rent), Karaikudi, Sivagangai District.

.... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 herein to issue necessary patta to the petitioner for her house site property measuring 12 cents, comprised in Survey No.201, Door No.14, Old Oorani Vadakarai, Palayur Group, Puduvayal, Karaikudi Taluk, Sivagangai District, within the control of Puduvayal Town Panchayat, covered with property tax assessment No.2857, New Assessment No.3894 in the name of petitioner, in accordance with law as per the representation of the petitioner, dated 01.02.2021 within a reasonable time as may be fixed by this Court. For Petitioner : Mr.B.Muruganandam 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 01.02.2021, wherein, the petitioner has sought 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 and the property tax is also paid in her name for more than seventeen years. The further case of the petitioner is that a Family Ration Card and Aadhar card has also been issued in her name. That apart, electricity service connection has also been given in her name. The petitioner made a representation on 01.02.2021 seeking for issuance of patta. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.B.Muruganandam, learned counsel appearing for https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11135 of 2021 the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing on behalf of the respondents.

4. 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 made by the petitioner on 01.02.2021 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.

5. 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.

6. The 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 District.

2.The Tahsildar, Karaikudi Taluk, Sivagangai District.

3.The Special Tahsildar (Ground Rent), Karaikudi, Sivagangai District.

+1 CC to M/s.SPL GP ( SR-21551[F] dated 07/07/2021 ) W.P.(MD).No.11135 of 2021 Dated:06.07.2021 RK (13.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2