Sakunthala v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.16327 of 2021 Sakunthala ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Sub Collector Cum Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram, Ramanathapuram District.

3.The Tahsildar, Taluk Office, Keelakarai Taluk, Ramanathapuram District ... 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 respondents No. 2 & 3 to issue patta in the petitioner's name in respect of the property in survey No.86/4A, to an extent of 0.09 acres (22 cents), in which the petitioner entitled 7.5 cents, situated at Pathiratharavai village, Vannangundu Group, Keelakarai Taluk, Ramanathapuram District, by considering the petitioner's representation dated 12.08.2021 in accordance with law, within the time stipulated by this Hon'ble Court For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.K.S.Selva Ganesan Counsel for the State

ORDER

The petitioner seeks a direction to the second and third respondents to issue a patta in his name in respect of the property bearing survey No.86/4A in so far as an extent of 7.5 cents is concerned.

2. The petitioner states that she is entitled to 7.5 cents in the property bearing Survey No.86/4A at Pathiratharavai village, Vannangundu Group, Keelakarai Taluk, Ramanathapuram District. In 1/3

support of such petition, the petitioner relies upon the judgment and decree in a partition suit filed by her mother's brother in O.S.No.86 of 2002 before the District Munsif Court, Ramanathapuram. The petitioner states that such judgment and decree was affirmed in A.S.No.30 of 2007 by the Sub Judge, Ramanathapuram and subsequently S.A.(MD)No.1074 of 2011 was dismissed by order dated 22.07.2016. The petitioner also relies upon the letter dated 08.07.2020 in relation to the petitioner's request for issuance of patta.

3. Mr.K.S.Selvaganesan, learned counsel for the State, accepts notice on behalf of all the respondents. On instructions, he states that the request of the petitioner has been forwarded to the second respondent and, therefore, the second respondent may be directed to pass orders on the petitioner's request for grant of patta.

4. In view of the above submission by learned counsel for the State, it is not necessary to delve into the merits of the matter. Instead, it is sufficient to direct the second respondent to consider and dispose of the petitioner's representation on merits.

5. Accordingly, without going into the merits of the matter, the second respondent is directed to consider the petitioner's representation dated 12.08.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity to the petitioner and any others who would be affected by the grant of patta to the petitioner. Such reasoned order shall be issued within a period of three months from the date of receipt of a copy of this order.

6. W.P.(MD).No.16327 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn/sn 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 District Collector, Ramanathapuram District, Ramanathapuram.

2.The Sub Collector Cum Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram, Ramanathapuram District.

3.The Tahsildar, Taluk Office, Keelakarai Taluk, Ramanathapuram District +1 CC to M/s.SPL. GP ( SR-29113[F] dated 15/09/2021 ) W.P(MD).No.16327 of 2021 14.09.2021 MGJ(28.09.2021) 3P 5C 3/3