Haja Mohideen v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Haja Mohideen .. Petitioner Vs.

1.The District Collector, Thoothukudi District.

2.The Tahsildar, Srivaikundam Taluk, Thoothukudi District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents to issue patta to the petitioner in S.No.875/14 of Seydunganallur Village as per the representation submitted by the petitioner dated 08.12.2022 and 02.02.2024.

For Petitioner :

Mr.K.P.Narayanakumar For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a Mandamus directing the respondents to issue patta to the petitioner in S.No.875/14 of Seydunganallur Village, as per the representations submitted by the petitioner dated 08.12.2022 and 02.02.2024.

2.The case of the petitioner is that the aforementioned property is a Natham proamboke and he purchased an extent of 1.79 cents from one Abdulkhader, who is a power of attorney of Mr.Kazeedhulgupra. The said property originally belonged to one Yusuf and the legal heirs of the said Yusuf had executed a sale deed in favour of one Abdul Kaffoor, who in turn, executed a sale deed dated 26.07.2004 in favour of Kathijathur Kupra. The Abdul Kadhar is a power agent of the said Abdul Kaffoor's. From the date of purchase, the petitioner is in possession and enjoyment of the same. Thereafter, the petitioner obtained permission and constructed a house in the said property. However, the petitioner has not obtained patta in his name. Hence, he applied for patta before the second respondent on 08.12.2022 and 02.02.2023. So far no steps have been taken. Hence, the present writ petition is filed.

3.Heard the learned counsel on either side.

4.Considering the narrations of events and the request of the petitioner and also the fact that the petitioner has made several representations starting from 08.12.2022, a mandamus is issued to the respondents to issue patta to the petitioner, in respect of the property in S.No.875/14, after verifying the relevant records, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands allowed. No costs.

23.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns To 1.The District Collector, Thoothukudi District.

2.The Tahsildar, Srivaikundam Taluk, Thoothukudi District.

P.T.ASHA, J.

Ns Dated: 23.09.2024