Palaniammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Palaniammal ... Petitioner Vs.

1. The District Collector, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, Aruppukottai Taluk, Aruppukottai, Virudhunagar District.

3. The Tahsildar, Aruppukottai, Virudhunagar District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the third respondent to issue a free site patta in the petitioner's name in respect of the Natham Land in Survey No.41/2 with extend of 720 square feet situated at Aathipatti Village, Aruppukottai Taluk, Virudhunagar District, based on the petitioner's representation dated 04.03.2024.

For Petitioner :

M/s.M.Bavatharani For Respondents :

Mr.D.S.Nedun Chezian Government Advocate

ORDER

This writ petition is filed for a mandamus, to direct the third respondent to issue a free site patta in the petitioner's name in respect of the Natham Land in Survey No.41/2 with extend of 720 square feet situated at Aathipatti Village, Aruppukottai Taluk, Virudhunagar District, based on the petitioner's representation dated 04.03.2024.

2. The case of the petitioner is that the petitioner's late husband was residing in the Natham land measuring an extent of 720 sq.ft comprised in Survey No.41/2 at Aathipatti Village, Aruppukottai Taluk, Virudhunagar District, over which he had constructed country tiled house nearly 2 1/2 decades before. The house is also assessed to tax, which has been paid promptly by her husband. The petitioner's husband had died on 27.03.2024, leaving behind the petitioner as his legal representative and now she is continuing to pay the tax to the Panchayat without

default. While the petitioner's husband was alive, he had made several representation to the respondents to grant free house site patta and the same was not considered by the respondents. The petitioner on her husband's demise had also renewed his request.

3. Heard the learned Counsel on either side.

4. Considering the fact that admittedly the petitioner and her husband had been residing in the property which is in the Natham house site, the respondents are directed to consider the petitioner's representation and pass orders regarding the issue of free house site patta, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

NCC : Yes/No 26.09.2024 Index : Yes/No Internet : Yes jbr

P.T.ASHA, J.

jbr To

1. The District Collector, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, Aruppukottai Taluk, Aruppukottai, Virudhunagar District.

3. The Tahsildar, Aruppukottai, Virudhunagar District.

26.09.2024