Madras High CourtWP(MD)/15522/2021disposed of

Indhumathi v. The District Collector

2021-09-01Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.15522 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.15522 of 2021 Indhumathi ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Kallikudi Taluk, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to issue separate patta in his favour in respect of property comprised in Survey Nos.10/2 and 10/5A for an extent of 1 Acre 5 Cents, which is situated at Mela Uppilikundu Village, Kallikudi Taluk, Madurai District on the basis of petitioner's representation dated 19.06.2021, within a time frame may be fixed by this Court.

For Petitioner : Mr.M.Palani For Respondents : Mr.P.Subbaraj, Counsel for State

ORDER

The petitioner seeks a separate patta in her name in respect of the property comprised in Survey Nos.10/2 and 10/5A of an extent of 1 acre 5 cents at Mela Uppilikundu Village, Kallikudi Taluk, Madurai District.

2.The petitioner claims title to the aforesaid property through a registered sale deed dated 22.07.2020, bearing document No.406 of 2020. It is stated that the property was purchased from one N.Mayandi. The petitioner has enclosed patta No.387 in respect of Survey No.10/2 and patta No.192 in respect of Survey No.10/5A. 3.The present writ petition is filed after submitting a representation dated 19.06.2021 seeking issuance of a patta. 4.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of both the respondents. He submits that the petitioner's representation may be directed to be considered and disposed of on merits after putting the other pattadhars on notice. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.15522 of 2021 5.The documents on record include the sale deed dated 22.07.2020 which has been executed by one N.Mayandi in favour of the petitioner. Patta No.387 has been enclosed and such patta has been issued to Naguthevar, who appears to be the son of Mayandithevar, and Rathinasamy. Patta No.192 has been issued to Naguthevar. Therefore, the said persons should be put on notice before the petitioner's application for issuance of patta is decided. 6.Accordingly, the respondents are directed to consider the petitioner's representation dated 19.06.2021 for grant of patta and decide such representation by a reasoned order after providing a reasonable opportunity to the petitioner and the pattadhars whose names are mentioned in patta Nos.192 and 387. Such reasoned order shall be issued within a period of three (3) months from the date of receipt of a copy of this order.

7.W.P(MD) No.15522 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Madurai District, Madurai.

2.The Tahsildar, Kallikudi Taluk, Madurai District.

+1 CC to M/s.GP ( SR-27915[F] dated 02/09/2021 ) W.P(MD)No.15522 of 2021 01.09.2021 RS (14.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2