Madras High CourtWP(MD)/12504/2017disposed of

Rama.Muthathal Achi v. The District Collector

2017-07-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12504 of 2017 Rama.Muthathal Achi ... Petitioner Vs.

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The District Revenue Officer, Pudukkottai District, Pudukkottai.

3. The Tahsildhar, Thirumayam Taluk, Pudukkottai District. ... Respondents PRAYER:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to issue the patta in respect of the punja land comprised in Survey No.331/6 (Old Survey Nos.331/1C, 331/2 and 331/3) situated at Konapattu Village, Thirumayam Taluk, Pudukkottai District on the basis of the petitioner's representation dated 13.04.2015 within a time frame to be stipulated by this Court. For Petitioner : Mr.G.Mathavan For Respondents : Mr.G.Muthukannan Government Advocate

O R D E R

This Writ Petition is filed for the issuance of a Writ of Mandamus directing the respondents to issue patta in respect of the punja land comprised in Survey No.331/6 (Old Survey Nos.331/1C, 331/2 and 331/3) situated at Konapattu Village, Thirumayam Taluk, Pudukkottai District on the basis of the petitioner's representation, dated 13.04.2015.

2.According to the petitioner, she purchased the punja land comprised in New Survey No.331/6 (Old Survey Nos.331/1C, 331/2 and 331/3) situated at Konapattu Village, Thirumayam Taluk, Pudukkottai District through a registered sale deed, dated 27.12.1948. Pursuant to the sale deed, she has been in possession and enjoyment of the https://hcservices.ecourts.gov.in/hcservices/

property.

3.The petitioner would state that she submitted an application in application No.4740/2015/D3, dated 29.04.2015, for issuance of patta, which is pending before the second respondent. Since no action was taken, the petitioner made representations to the first respondent on 22.08.2016 and 15.12.2016. It is further stated by the petitioner that in the revenue records, it is wrongly entered that the property belongs to one 'Kalimanai'. 4.Heard Mr.G.Mathavan, learned counsel appearing for the petitioner and Mr.G.Muthukannan, learned Government Advocate appearing for the respondents.

5.Considering the facts and circumstances of the case and considering the submission of both the parties, there shall be a direction to the second respondent to pass appropriate orders on the application of the petitioner in Application No.4740/2015/D3, dated 29.04.2015, on merits and in accordance with law, after providing opportunity of hearing to the petitioner as well as interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The District Revenue Officer, Pudukkottai District, Pudukkottai.

3. The Tahsildhar, Thirumayam Taluk, Pudukkottai District.

+ 1 CC TO Mr.G.MATHAVAN, ADVOCATE IN SR No. 63788 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 63935 VSG TE/SKN-RSK/SAR-I : 14/07/2017 : 2P/6C W.P.(MD)No.12504 of 2017 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/