Madras High CourtWP(MD)/14038/2021disposed of

Prem Kumar.K.R v. The District Collector

2021-08-12Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.14038 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.14038 of 2021 K.R.Prem Kumar ... Petitioner Vs.

1.The District Collector Madurai District, Madurai.

2.The Thasildar Madurai Thirupparankunram Taluk Office Thirupparankunram Main Road, Thirunagar, Madurai - 625 006.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to issue patta in the petitioner name to his property for an extent of 98 cents of Nanja land comprising old Survey No.1543-A and new Survey No.465/4, situated at Maadakkulam village, Thirupparankunram Taluk, Madurai District, based upon the petitioner representation sent on 09.05.2021. For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.R.Baskaran, Counsel for State.

ORDER

The petitioner seeks a patta in respect of the property admeasuring 98 cents in old survey No.1543-A and new Survey No.465/4, situated at Maadakkulam village, Thirupparankunram Taluk, Madurai District.

2.The petitioner claims title to the above mentioned property under a registered sale deed dated 29.01.2021, bearing Document No.1258 of 2021. It is stated that the legal heirs of the original owner, namely, the late Mr.V.Mayandi Thevar executed the said sale deed in favour of the petitioner.

3.In spite of submitting a representation on 09.05.2021 requesting for a patta, it is stated that no action was taken thereon, and, therefore, the petitioner is constrained to file the present Writ Petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.14038 of 2021 4.From the facts and documents on record, it is unclear whether there are any other rival claimants to the property in question. Therefore, a positive direction for grant of patta cannot be issued. Nonetheless, the second respondent is under an obligation to consider and dispose of the petitioner's representation within a reasonable time frame.

5.Accordingly, without going into the merits of the matter, the second respondent herein is directed to consider and dispose of the petitioner's representation dated 09.05.2021 by way of a reasoned order after providing a reasonable opportunity to the petitioner and to any others who would be affected by such decision. Such reasoned order shall be passed within three months from the date of receipt of a copy of this order.

6.W.P.(MD).No.14038 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (T & P) // 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 Thasildar Madurai Thirupparankunram Taluk Office Thirupparankunram Main Road, Thirunagar, Madurai - 625 006.

+1 CC to M/s.K.SUDALAIYANDI, Advocate (SR-26088[F] dated 12/08/2021) +1 CC to M/s.Special Government Pleader ( SR-26230[F] dated 13/08/2021 ) W.P(MD)No.14038 of 2021 12.08.2021 RS (23.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2