Madras High Court
T.Moorthy vs The District Collector on 4 October, 2021
W.P(MD)No.17817 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD).No.17817 of 2021
and
W.M.P(MD).No.14690 of 2021
1.T.Moorthy
2.Suseela
3.Preethi
4.Aarthi
5.Jayasri ... Petitioners
Vs.
1.The District Collector,
District Collector's Office,
Trichy-1, Trichy District.
2.The District Revenue Officer,
D.R.O. Office,
District Collector's Office,
Trichy-1, Trichy District.
3.The Revenue Divisional Officer,
R.D.O. Officer,
District Collector's Office,
Trichy-1, Trichy District.
4.The Tahsildar,
Taluk Office,
Thiruverumbur,
Trichy District. ...Respondents
1/6
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W.P(MD)No.17817 of 2021
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents
herein to issue patta, pertaining to property situated at Trichy District,
Thiruberumbur Taluk, Thiruverumbur Sub-registration, Velayudhangudi
Village, Ayan Punjai Old S.F.No.1, New S.F.No.282/2, measuring 4 acres and
36 cents, in favour of the petitioners herein on the basis of decree and judgment
made in O.S.No.1447 of 2014 on the file of 1st Additional District Munsif,
Trichy, dated on 01.08.2015, in the light of his representation dated 25.07.2020,
within a stipulated period as may be fixed by this Court.
For Petitioners : Mr.R.Sundar
For Respondents : Mr.B.Saravanan
Counsel for State
ORDER
The petitioners seek a direction for the issuance of a patta relating to the
property bearing old S.F.No.1, New S.F.No.282/2 measuring 4 acres and 36
cents at Velayudhangudi Village, Thiruverumbur Taluk, Trichy District.
2.The petitioners state that the above mentioned property originally
belonged absolutely to one Thadhapillai, who is the father of the first petitioner
and grandfather of the third to fifth petitioners herein. The petitioners rely upon
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W.P(MD)No.17817 of 2021
a sale deed dated 25.03.1960 in this regard. In addition, the petitioners rely
upon the judgment and decree dated 01.08.2015 in O.S.No.1447 of 2014 by
which a declaratory decree was granted in favour of the petitioners as regards
the relevant property. The petitioners point out that a representation was issued
on 25.07.2020 and that, in response thereto, the jurisdictional Tahsildar had
called for a report from the Regional Deputy Tahsildar. However, it is stated
that no further action was taken thereon.
3.Mr.B.Saravanan, learned counsel for the State, accepts notice for all the
respondents. He submits that the third and fourth respondents may be directed
to dispose of the petitioners' representation within a reasonable time frame on
merits and in accordance with law.
4.The petitioners have enclosed a copy of the judgment and decree in
O.S.No.1447 of 2014 dated 01.08.2015. By such decree, the civil court has
declared that the relevant property is owned by the petitioners. Therefore, the
petitioners are entitled to the consideration of the relevant representation.
5.Accordingly, without entering any findings on the merits of the matter,
the third and fourth respondents herein are directed to consider the petitioners'
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W.P(MD)No.17817 of 2021
representation dated 25.07.2020 and dispose of the same by a reasoned order
after providing a reasonable opportunity to the petitioners and any other person
who would be affected by such decision. Such reasoned order shall be issued
within a period of three (3) months from the date of receipt of a copy of this
order.
6.W.P(MD).No.17817 of 2021 is disposed of on these terms without any
order as to costs. Consequently, W.M.P.(MD)No.14690 of 2021 is closed.
04.10.2021
Index : Yes / No
Internet : Yes/ No
sn/sji
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.
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W.P(MD)No.17817 of 2021
To
1.The District Collector,
District Collector's Office,
Trichy-1,
Trichy District.
2.The District Revenue Officer,
D.R.O. Office,
District Collector's Office,
Trichy-1,
Trichy District.
3.The Revenue Divisional Officer,
R.D.O. Officer,
District Collector's Office,
Trichy-1,
Trichy District.
4.The Tahsildar,
Taluk Office,
Thiruverumbur,
Trichy District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17817 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
sn/sji
W.P(MD).No.17817 of 2021
04.10.2021
https://www.mhc.tn.gov.in/judis/
