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Madras High CourtWP(MD)/30322/2024disposed of

Safika Noori v. The District Collector

2025-02-28Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)No.25507 of 2024 Safika Noori .... Petitioner /Vs./ 1.The District Collector, O/o.the District Collector, Thanjavur.

2.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Kumbakonam, 3.The Tahsildar, Papanasam Taluk Office, Papanasam, 4.The Zonal Deputy Tahsildar, Papanasam Taluk Office, Papanasam, 1/5

5.The Village Administrative Officer, Valuthoor, Papanasam Taluk, ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in File Number:2024/0103/21/454577/dated 27.11.2024 passed by the respondent No.4 and quash the same as illegal, consequently directing the Respondent Nos.3 & 4 to issue patta in favour of the petitioner for the properties situated in Survey Nos.354/2, 355/2 and 356 in Valuthur Village, Papanasam Taluk, Thanjavur District based on her settlement deed dated 08.10.2024 on the file of the Ayyampettai Sub Registrar Office, Thanjavur District.

For Petitioner : Mr.A.Abdulkabur For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner challenges the impugned order passed by the Tashildar in Koppu No.2024/0103/21/454577 rejecting the petitioner's request for issuance of patta. The reasons assigned by the third respondent is pendency of civil suit regarding sub-division. 2/5

2. The learned counsel for the petitioner submits that there is no Civil Suit pending pertaining to survey numbers. Moreover, the writ petition in W.P(MD)No.26443 of 2023 also was pending before this court and same has also been disposed of today with direction issued to the Zonal Deputy Tahsildar. Now, there is no impediment for the respondents to consider the petitioner's request for patta.

3. In view of the above, the matter is remitted to the third respondent for fresh consideration. The third respondent shall enquire, afford an opportunity of personal hearing to the petitioner and consider the orders passed in W.P(MD)No.26443 of 2024 as well as taking into account the separate patta granted in patta No.953 and 954 to other private individuals and thereafter, pass orders on merits and in accordance with law and dispose of the petitioner's application for patta. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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4. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 28.02.2025 am To 1.The District Collector, O/o.the District Collector, Thanjavur.

2.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Kumbakonam, 3.The Tahsildar, Papanasam Taluk Office, Papanasam, 4.The Zonal Deputy Tahsildar, Papanasam Taluk Office, Papanasam, 5.The Village Administrative Officer, Valuthoor, Papanasam Taluk, 4/5

P.B. BALAJI , J.

am Order made in Dated:

28.02.2025 5/5