N.Marimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA M.Marimuthu ... Petitioner /Vs./ 1.The District Collector, Madurai District.

2.The Tahsildar, Madurai East Taluk, Narasingam, Madurai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to issue separate patta in favour of petitioner name for the Survey No.53/2A1A, total extent of 1231.25 square fet and plot No.10 situated in Andarkottaram Village, Madurai East Taluk, Madurai District, based on the application No.2023/0105/24/548060 dated 26.09.2023 within a specific period as fixed by this Court.

For Petitioner : Mr.S.Balaji For Respondents : Mr.M.Muthumanikkam Government Advocate (Civil side) 1/5

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus directing the second respondent to issue separate patta in the name of the petitioner for Survey No.53/2A1A in plot No.10 situated in Andarkottaram Village, Madurai East Taluk, Madurai District, to an extent of 1231.25 square feet based on the application No. 2023/0105/24/548060 dated 26.09.2023 within a specific period as fixed by this Court.

2. The brief facts of the case are as follows: The petitioner purchased the property in Survey No.53/2A1A, in plot No.10 situated in Andarkottaram Village, Madurai East Taluk, Madurai District, to an extent of 1231.25 square feet, from one Selvam on 18.01.2011 and the same was registered at the Sub Registrar Office, Teppakulam, Madurai District. The petitioner submitted a patta transfer application on 26.09.2023 in Application No.2023/0105/24/548060 and the petitioner also submitted all the relevant revenue documents before the authorities. Though repeated requests were made to the second 2/5

respondent to consider his application, the second respondent did not act on the patta transfer application. The petitioner also sent a reminder representation on 29.10.2024. Even thereafter, no action was taken by the second respondent. Hence, the petitioner was constrained to file the present Writ Petition.

3. The learned counsel for the petitioner submits that it would be suffice if a direction is issued to the second respondent to consider his application within a time frame to be fixed by this Court.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Civil side) appearing for the respondents.

5. Considering the limited prayer made by the learned counsel for the petitioner, this Court is inclined to issue a direction. Accordingly, the second respondent is directed to consider the application of the petitioner in Application No.2023/0105/24/548060 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs.

05.11.2024 Index : Yes / No NCC : Yes / No CM TO:

1.The District Collector, Madurai District.

2.The Tahsildar, Madurai East Taluk, Narasingam, Madurai District.

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N.MALA, J.

CM Order made in Dated:

05.11.2024 5/5