Kannaki v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W/.P. (MD) No.26276 of 2022 Kannaki .. Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Thasildar, Karambakudi, Pudukkottai 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 based on the petitioner's representation dated 04.06.2022.

For Petitioner :

Mr.D.Rameshkumar For Respondents :

Mr.D.Gandhiraj Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the second respondent to issue patta in favour of the petitioner based on the petitioner's representation, dated 04.06.2022. 1/4

2.Heard Mr.D.Rameshkumar, learned counsel for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader, who takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that the petitioner purchased a property in S.No.200/9A, to an extent of 4360 sq.ft. The petitioner applied for issuance of patta in his name. But the same was not considered by the respondents.

4.The learned counsel for the petitioner submitted that the petitioner purchased the above said property by paying an advance amount of Rs.10,000/-. Since the vendors of the petitioner did not come forward to execute the sale deed, he preferred O.S.No.1 of 2007 on the file of the District Munsif Court, Pudukkottai and obtained decree in his favour. Based on the same, he also obtained sale deed in his favour. Thereafter, the petitioner made a representation dated 04.06.2022 for mutation of revenue records and grant of patta to the first respondent. After receiving the proceedings of the first respondent to consider the petitioner's request, the second respondent did not take any action to issue patta to the petitioner. 2/4

5.The learned counsel appearing for the petitioner would submit that it would suffice to issue a direction to the respondents to consider the petitioner's representation, dated 04.06.2022.

6.No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, as well as any other necessary party, whom the second respondent deems fit to enquire. 7.Considering the above said submissions, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to consider the petitioner's representation dated 04.06.2022 and pass appropriate orders, on merits and in accordance with law, after affording a fair hearing to the petitioner, as well as any other necessary party, whom the second respondent deems fit to enquire, within a period of eight [8] weeks from the date of receipt of a copy of this order. 8.With the above direction, this Writ Petition is disposed of. No costs. 21.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

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

2.The Thasildar, Karambakudi, Pudukkottai District.

Order made in W.P.(MD) No.26276 of 2022 21.11.2022 4/4