Anbulakshmi M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.27119 of 2022 M.Anbulakshmi ... Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Tahsildar, Karaikudi Taluk, Sivagangai District.

3.The Special Thasildar (Ground Rent), Karaikudi, Sivagangai District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 2 and 3 herein to issue necessary patta to the petitioner for her house site measuring 5 cents, comprised in Survey No.203/21 in Palayur Village and Group, Puduvayal, Karaikudi Taluk, Sivagangai District within the control of Puduvayal Town Panchayat covered with property tax Old Assessment No.4770, New Assessment No.3895 in the name of the petitioner, in accordance with law as per the representation of the petitioner dated 01.02.2021 within a reasonable time as may be fixed by this Court.

For Petitioner : Mr.B.Muruganandam 1/5

For Respondents : Mrs.K.Christy Theboral Additional Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 2 & 3 to issue necessary patta to the petitioner for her house site measuring 5 cents, comprised in Survey No.203/21 in Palayur Village & Group, Puduvayal, Karaikudi Taluk, Sivagangai District within the control of Puduvayal Town Panchayat, covered with property tax Old Assessment No.4770, New Assessment No.3895 in the name of the petitioner, in accordance with law as per the representation of the petitioner dated 01.02.2021, within a reasonable time as may be fixed by this Court. 2.Heard Mr.B.Muruganandam, learned counsel appearing for the petitioner, Mrs.K.Christy Theboral, learned Additional Government Pleader, who takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The grievance of the petitioner is that the representation submitted by the petitioner seeking to issue passport in the name of the petitioner has not been considered.

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4.The learned counsel for the petitioner submitted that the petition mentioned property is the ancestral property of the petitioner and the same was inherited by the petitioner by way of a settlement deed executed by her mother in her favour, dated 14.08.2018. Based on the same, the petitioner made a representation seeking patta for the purpose of obtaining loan. But the same has not been considered. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.

5.The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the representation of the petitioner has been considered and rejected stating that the petitioner has not produced any valid registered document in her favour and she has only produced an unregistered notary document in respect of her claim, which cannot be accepted. The statement is recorded.

6. In view of the above submission, the petitioner is directed to produce appropriate registered documents to prove her possession and title of the property before the authorities concerned along with a representation. On producing such documents, the authorities concerned shall consider and pass appropriate orders on the same, if the documents to be produced by the petitioner are otherwise in order, within the reasonable period. 3/5

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

01.12.2022 Index : Yes/No Internet : Yes/No ta To 1.The District Collector, Sivagangai District.

2.The Tahsildar, Karaikudi Taluk, Sivagangai District.

3.The Special Thasildar (Ground Rent), Karaikudi, Sivagangai District.

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V.BHAVANI SUBBAROYAN, J.

ta Order made in W.P.(MD) No.27119 of 2022 01.12.2022 5/5