M.Inbavalli v. The Tahsildar,

W.P.(MD) No.11261 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.11261 of 2020 M.Inbavalli ... Petitioner Vs.

The Thasildar, Madurai North Taluk, Madurai-20.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to provide patta to the petitioner's house in an extent of 3 cents situated in S.No.64/2, Paraipatti Village, Periapatti Village Group, Chathirappati Sub-Division, Madurai North Taluk, Madurai District.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mrs.V.P.M.Vaishnavi, Government Advocate.

ORDER

This writ petition is filed seeking for a direction to direct the respondent to provide patta to the petitioner's house in an extent of 3 cents situated in S.No.64/2, Paraipatti Village, Periapatti Village Group, Chathirappati Sub-Division, Madurai North Taluk, Madurai District.

2. Mrs.V.P.M.Vaishnavi, learned Government Advocate takes notice for the respondent. By consent, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel appearing for the petitioner would submit that the petitioner is residing in the petition mentioned property. The said land is classified as Village Natham. The petitioner is regularly paying the house tax and electricity bill. The petitioner applied for patta before the respondent on 27.09.2019 and the same was not considered. Hence, the petitioner filed this present writ petition.

4.The learned counsel for the petitioner further submitted that as per Revenue Standing Order 21, the petitioner is entitled for grant of patta. In G.O.Ms.172, Revenue Department, dated 23.05.2012, it was decided to regularize the settlements of the people by way of granting patta under a special scheme. Further, In G.O.Ms.No.318, dated 30.08.2019, the Government has clarified that if the annual income of the applicant seeking patta is less than 3 lakhs, the patta can be issued free of cost and if it is above 3 lakhs, then cost equal to the guideline value of the land. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.11261 of 2020 5.The learned Government Advocate appearing for the respondent would submit that the petitioner's representation would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

6.In view of the submissions made by the learned counsel on either side, this Court directs the respondent to consider the petitioner's representation and pass appropriate orders in the light of G.O.Ms.No.318, dated 30.08.2019, after affording due opportunity of hearing to the petitioner and the interested parties, if any. If there is any objection from the rival parties, the respondent shall conduct enquiry and communicate his decision to the parties concerned. The aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

7.This Writ Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 The Thasildar, Madurai North Taluk, Madurai-20.

+1 CC to Mr.T. LAJAPATHI ROY, Advocate ( SR-16553[F] dated 10/09/2020 ) W.P.(MD) No.11261 of 2020 09.09.2020 KM (22.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2