R.Pandimeena v. The District Collector
W.P.(MD)No.15364 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.15364 of 2020 R.Pandimeena ... Petitioner -vs1. The District Collector, Sivagangai, Sivagangai District.
2. The Tahsildar, Singampunari Taluk, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to grant patta to the petitioner in terms of the petitioner's online application dated 13.08.2020. For Petitioner : Mr.S.J.Chakkaravarthy For Respondents : Mr.M.Pandiya Rajan Additional Government Pleader *****
ORDER
This writ petition is filed seeking issuance of a Writ of Mandamus directing the respondents to grant patta to the petitioner in terms of the petitioner's online application dated 13.08.2020. 2.Heard the learned Counsel appearing for the petitioner and Mr.M.Pandiya Rajan, learned Additional Government Pleader, who took notice for the respondents. By consent of both sides, the Writ Petition is taken up for hearing and disposed of at the admission stage itself.
3.The learned Counsel appearing for the petitioner would submit that the petitioner had purchased a land measuring to an extent of 24 cents in Survey No.1/15 situated in Erumaipatti Village, Singampunari (Post), Pudukkottai Sub Division, Sivagangai District, from one Sithi Abitha vide registered sale deed dated 20.05.2008 and she has been in possession and enjoyment of the same. While so, the petitioner has submitted her application, dated 13.08.2020 to the respondents, in order to issue patta in respect of the land in Survey No.1/15 to an extent of 24 Cents. Since there was no response from the respondents, the petitioner has come forward with the present Writ Petition.
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W.P.(MD)No.15364 of 2020
4. Considering the facts and circumstances of the case, the second respondent is directed to consider the application of the petitioner, dated 13.08.2020 and pass appropriate orders in accordance with law, after hearing the petitioner and the persons who are likely to be affected. In case of issuance of patta, survey needs to be conducted and the said survey shall be photographed and videographed in the presence of the petitioner and the persons who are likely to be affected and the costs of photograph and Videograph to be borne by the party seeking patta. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not decided the rights of the parties in the present Writ Petition. It is open to the second respondent to decide the same. The directions given in W.P(MD).No.7746 of 2020 batch, dated 23.09.2020 and W.P.(MD)No.13465 of 2020 dated 05.10.2020 should be followed wherever it is applicable.
5. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To
1. The District Collector, Sivagangai, Sivagangai District.
2. The Tahsildar, Singampunari Taluk, Sivagangai District.
+1 CC to Mr.S.J.CHAKKKARAVARTHY, Advocate SR-21280. +1 CC to the SPL GP SR-21483.
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