T.Seeniyammal, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.15698 of 2017 T.Seeniyammal ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Special Tahsildar, Tahsildar Office, Periyakulam Taluk, Theni District.

3.The Commissioner, Periyakulam Municipality, Periyakulam Taluk, Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to grant patta to the petitioner's house site in Survey No.4658/3A1B, which is situated at Thenkarai village, Periyakulam Taluk, Theni District.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.C.Selvaraj R1 & R2 Spl. Govt. Pleader

O R D E R

The petitioner seeks for a direction to the second respondent to grant patta to her house site in survey No.4658/3A1B, which is situated at Thenkarai village, Periyakulam Taluk, Theni District. 2.Heard Mr.R.Venkatesan, learned counsel appearing for the petitioner as well as Mr.C.Selvaraj, learned Special Government Pleader, who took notice on behalf of the respondents. 3.The case of the petitioner is that she has been in possession and enjoyment of the property to an extent of 5 cents in survey No.4658/3A1B situated at Thenkarai village, Periyakulam Taluk, Theni District since 1982.

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4.The petitioner would claim that her husband, after obtaining No Objection Certificate from the Commissioner, Periyakulam Municipality, constructed a tiled house in the year 1991. Thereafter, she has been paying property tax and other charges to the authorities. The petitioner made several representations to the second respondent for issuance of patta. Since it was not considered, the present writ petition.

5.The learned counsel appearing for the petitioner would submit that it would suffice if a direction is issued to the second respondent to consider the representation of the petitioner.

6.Considering the limited scope of the prayer sought for in this writ petition and considering the submission of the learned counsel appearing for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the petitioner dated 13.11.2014 and 17.08.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CRL.SIDE) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Theni District, Theni.

2.The Special Tahsildar, Tahsildar Office, Periyakulam Taluk, Theni District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.74288 +1cc to Mr.R.VENKATESAN Advocate in SR. No.73921 SKN JS/SV.MMS/SAR.2/1.9.2017/2P-5C W.P.(MD)No.15698 of 2017 22.08.2017 https://hcservices.ecourts.gov.in/hcservices/