S.Ameena Beevi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.16462 of 2020 S.Ameena Beevi ... Petitioner -Vs1. The Commissioner, Office of the Commissioner, Dindigul City Corporation, Dindigul District.

2.The Tahsildar, Office of the Tahsildar, Dindigul East Taluk, Dindigul.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents herein to issue patta in favour of the petitioner in respect of the petitioner's house property situated at Old Door No.10 and 10/1, New Door Nos.78 and 79 comprised in Old town Survey No.1661 and new Survey No.156 situated at Cross Round Road, Siluvathur Road, Dindigul Town within the time stipulated by this Court. For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.J.Lawrence Senior Counsel for R1 Mr.P.Kannithevan Additional Government Pleader For R2

ORDER

This writ petition has been filed for issuance of a direction to the respondents to consider the petitioner's representation dated 06.10.2020 and issue house site patta to the petitioner for her property situated at Old Door Nos.10 and 10/1, New Door Nos.78 and 79 comprised in Old Town Survey No.661 and new Survey No.156 situated at Cross Round Road, Siluvathur Road, Dindigul Town within a time frame.

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2. Mr.J.Lawrence, learned Senior Counsel takes notice for the first respondent and Mr.P.Kannithevan, learned Additional Government Pleader takes notice for the second respondent. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. The petitioner has submitted her representation, dated 06.10.2020 to the respondents, in order to issue patta in respect of the house property situated at Old Door No.10 and 10/1, New Door Nos.78 and 79 comprised in Old town Survey No.661 and new Survey No.156 situated at Cross Round Road, Siluvathur Road, Dindigul Town. But, the said representation was not considered so far. In such circumstances, the petitioner has come forward with the present Writ Petition.

4. Considering the facts and circumstances, the respondents, more particularly the second respondent is directed to consider the representation of the petitioner, dated 06.10.2020 and pass appropriate orders in accordance with law, after hearing the petitioner and the persons who will 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 respondents 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 13.10.2020 should be followed wherever it is applicable.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL 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. 2/3

To

1. The Commissioner, Office of the Commissioner, Dindigul City Corporation, Dindigul District.

2. The Tahsildar, Office of the Tahsildar, Dindigul East Taluk, Dindigul.

W.P.(MD)No.16462 of 2020 23.11.2020 ARK(CO) CS(21.12.2020) 3P 3C 3/3