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A.Sahurbanu Bibi vs The District Collector
2021 Latest Caselaw 12668 Mad

Citation : 2021 Latest Caselaw 12668 Mad
Judgement Date : 29 June, 2021

Madras High Court
A.Sahurbanu Bibi vs The District Collector on 29 June, 2021
                                                                           W.P.(MD).No.10692 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 29.06.2021

                                                        CORAM:

                               THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                            W.P.(MD).No.10692 of 2021


                     A.Sahurbanu Bibi                                          ... Petitioner
                                                         Vs.
                     1.The District Collector,
                       Tiruchirapalli District,
                       Collectorate Buildings, Tiruchirapalli – 620 001.

                     2.The Revenue Divisional Officer,
                       Srirangam Zone,
                       Muthukulam,
                      Trichirappalli District.

                     3.The Tahsildhar
                       Manapparai,
                       Tahsildhar's Office,
                       Manapparai,
                       Trichirappalli District.                                ... Respondents


                     Prayer: Writ petition filed under Article 226 of the Constitution of India,
                     for the issuance of Writ of Mandamus, directing the respondents 1 to 3 to
                     initiate appropriate enquiry upon the representation of the petitioner and
                     to grant patta in her favour in respect of the land to an extent of Ac.0.01
                     ¾ cents, situates in survey No.125/5, Ayanreddiyapatty Village,
                     Elangakurichi, Manapparai Taluk, Trichirappalli District, within the time
                     frame to be fixed by this Court.
https://www.mhc.tn.gov.in/judis/

                     1/5
                                                                            W.P.(MD).No.10692 of 2021




                                   For Petitioner      : Mr.K.S.Kathiravan

                                   For Respondents     : Mr.M.Lingadurai,
                                                         Government Advocate


                                                      ORDER

This Writ Petition has been filed for the issue of a Writ of

Mandamus, directing the respondents to consider the representation made

by the petitioner on 17.03.2020, wherein, the petitioner is seeking for

issuance of patta in her favour with respect to the subject property.

2. The case of the petitioner is that the subject property

belongs to her absolutely by virtue of a registered sale deed dated

05.10.1978. The further case of the petitioner is that some of the

neighbours filed a suit for the relief of permanent injunction against the

petitioner in O.S.No.82 of 2002 before the District Munsif Court,

Manapparai and this suit was dismissed by Judgment and Decree, dated

02.11.2011. According to the petitioner, this decree has become final and

no appeal was preferred.

3. The petitioner has made a representation requesting for

grant of patta in her favour with respect to the subject property. Since the https://www.mhc.tn.gov.in/judis/

W.P.(MD).No.10692 of 2021

same was not considered, the present Writ Petition has been filed before

this Court seeking for appropriate directions.

4. Heard Mr.K.S.Kathiravan, learned counsel appearing for

the petitioner and Mr.M.Lingadurai, learned Government Advocate

appearing for the respondents.

5. Taking into consideration the facts and circumstances of

the case and the limited relief sought for in this Writ Petition, there shall

be a direction to the third respondent to consider the representation /

application made by the petitioner on 17.03.2020 and deal with the same

on its own merits and in accordance with law and pass appropriate orders

within a period of six (6) weeks from the date of receipt of a copy of this

order. If there are any other interested parties claiming right over the

subject property, they shall also be issued with notice and an opportunity

shall also be given to them.

6. The petitioner is directed to make a fresh representation to

the third respondent along with all the relevant documents and and also a

copy of this order.

https://www.mhc.tn.gov.in/judis/

W.P.(MD).No.10692 of 2021

7. The Writ Petition stands disposed of with the above

directions. No costs.

29.06.2021

Index :Yes/No Internet : Yes/No tsg

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The District Collector, Tiruchirapalli District, Collectorate Buildings, Tiruchirapalli – 620 001.

2.The Revenue Divisional Officer, Srirangam Zone, Muthukulam, Trichirappalli District.

3.The Tahsildhar Manapparai, Tahsildhar's Office, Manapparai, Trichirappalli District.

https://www.mhc.tn.gov.in/judis/

W.P.(MD).No.10692 of 2021

N.ANAND VENKATESH.J.,

tsg

Order made in W.P.(MD).No.10692 of 2021

Dated :

29.06.2021

https://www.mhc.tn.gov.in/judis/

 
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