Nasrin Shathiya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Nasrin Shathiya .. Petitioner Vs.

1.The District Collector, O/o.The District Collector, Tirunelveli, Tirunelveli District.

2.The Revenue Divisional Office, O/o.the Revenue Divisional Officer, Palayamkottai, Tirunelveli-627 009.

3.The Tahsildar, Palayamkottai Taluk Office, Palayamkottai, Tirunelveli.

.. Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent No.3 to consider the representation forwarded by the respondent No.2 which was submitted by the petitioner's husband on 1/5_________

29.06.2021 before him for issuance of patta in respect of house site extent about 2096 sqr.ft., situated in T.S.Ward No.5, Block No.20, T.S.No.2276/1, 2276/2 and 2276/3 in Kattuputhu Street, Melapalayam Village, Tirunelveli District.

For Petitioner :Mr.A.Abdulkabur For Respondents :Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a writ of Mandamus to direct the third respondent to consider the representation forwarded by the second respondent which was submitted by the petitioner's husband on 29.06.2021 for issuance of patta, in respect of house site measuring an extent of about 2096 sqr.ft., situated in T.S.Ward No.5, Block No.20, T.S.No.2276/1, 2276/2 and 2276/3 in Kattuputhu Street, Melapalayam Village, Tirunelveli District.

2.The case of the petitioner is that she is the owner of the property situated in Tirunelveli District, Melapalayam Zone Ward No.34, Kattuputhu Street, Melapalayam Village in T.S.Ward No.5, Block No.20, 2/5_________

T.S.No.2276/1 measuring an extent of 916 sq.ft., T.S.No.2276/2 measuring an extent of 781 sq.ft., and T.S.No.2276/3 measuring an extent of 399 sq.ft., was purchased along with her husband viz., Anwar Ali, under a registered sale deed, dated 22.01.2020. After the said purchase, the petitioner and her husband are residing in the aforesaid land. In such circumstances, the petitioner's husband approached the third respondent for joint patta. Ultimately, he submitted a requisition on 29.06.2021 to the second respondent, for issuance of patta and the same was forwarded to the third respondent. Since no action has been taken by the third respondent, the present writ petition is filed. 3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3. 4.Considering the fact that the representation which has been given as early as in the year 2021, has not been processed by the third respondent, this writ petition is allowed with a direction to the third respondent to consider the petitioner's representation dated 29.06.2021 3/5_________

and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs. 22.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes To 1.The District Collector, O/o.The District Collector, Tirunelveli, Tirunelveli District.

2.The Revenue Divisional Office, O/o.the Revenue Divisional Officer, Palayamkottai, Tirunelveli-627 009.

3.The Tahsildar, Palayamkottai Taluk Office, Palayamkottai, Tirunelveli.

4/5_________

P.T.ASHA, J.

Ns 22.08.2024 5/5_________