Subburayalu.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.25610 of 2022 R.Subburayalu ... Petitioner Vs.

1.The District Collector, Thoothukudi, Thoothukudi District.

2.The Tahsildar, Kovilpatti Taluk, Taluk Office, Kovilpatti-628 501, Thoothukudi District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to issue patta in favour of the petitioner by considering the representation of the petitioner dated 14.09.2022.

For Petitioners : Mr.N.Tamilmani For R1 & R2 : Ms.K.Christy Theboral Additional Government Pleader

ORDER

This Writ Petition has been filed seeking issuance of writ of Mandamus to direct the second respondent to issue patta in favour of the petitioner by considering the representation of the petitioner, dated 14.09.2022. 1/4

2.It is the case of the petitioner that a house plot was allotted to the mother of the petitioner being a member of the Kovilpatti Loyal Textile Mills Employees Industrial Co-operative housing Society. Prior to registration of the said plot in Plot No.61 in Survey No.527, 528/1A at Iluppaiyoorani Panjayath, Kovilpatti Taluk, the mother of the petitioner died leaving behind the petitioner as his only legal heir. Hence, the sale deed was registered in the name of the petitioner. Thereafter, the petitioner made a representation seeking to issue patta before the second respondent. But the same was not considered by the second respondent till date. 3.The learned Additional Government Pleader appearing for the official respondents submitted that the enquiry on the representation made by the petitioner is still pending and the same will be disposed within a short time. 4.Heard the learned counsel appearing on either side. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

5. No prejudice would be caused to the respondents, if the petitioner's representation is disposed of, within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner. 2/4

6. Accordingly, this Court directs the second respondent to dispose of the representation dated 14.09.2022 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the rival claimants, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

11.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The District Collector, Thoothukudi, Thoothukudi District.

2.The Tahsildar, Kovilpatti Taluk, Taluk Office, Kovilpatti-628 501, Thoothukudi District.

Order made in W.P.(MD) No.25610 of 2022 11.11.2022 4/4