Madras High Court
K.Jansi Rani vs The Commissioner Of Land ... on 27 April, 2022
W.P.(MD)No.8270 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.8270 of 2022
K.Jansi Rani ... Petitioner
Vs.
1.The Commissioner of Land Administration,
O/o. The Commissioner of Land Administration,
Ezhilagam,
Chepauk,
Chennai – 5.
2.The District Collector,
O/o. The District Collectorate,
Madurai District.
3.The District Revenue Officer,
District Revenue Office,
Madurai.
1/7
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W.P.(MD)No.8270 of 2022
4.The Revenue Divisional Officer,
Revenue Divisional Office,
Thirumangalam,
Madurai District.
5.The Tahsildar,
Thiruparankuntram Taluk,
Madurai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the
respondents 2 to 5 to conduct the enquiry and provide the patta to
the petitioner based on the civil court decree in O.S.No.669 of 2010
dated on 29.11.2011 and sale deed dated 25.01.2010 in the name
of the petitioner in respect of S.No.4/2 extent about 1 acre 26 cents
situated at Melanedunkulam Village, Thiruparankundram Taluk,
Madurai District, within the time stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.D.Sasikumar,
Additional Government Pleader
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W.P.(MD)No.8270 of 2022
ORDER
***********
This writ petition has been filed for a mandamus seeking for a
direction to the respondents 2 and 5 to conduct enquiry and issue
patta in the name of the petitioner based on the Civil Court decree
in O.S.No.669/2010 dated 29.11.2011, in respect of the property
comprised in S.No.4/2 extent about 1 acre 26 cents situated at
Melanedunkulam Village, Thiruparankundram Taluk, Madurai
District, based on the petitioner's representation dated 14.02.2022,
within a time frame to be fixed by this Court.
2.The petitioner claims ownership of the aforementioned
property by virtue of a sale deed dated 25.01.2010, standing in her
name registered as Document No.52/2010. The petitioner claims
that ever since the purchase she has been in possession and
enjoyment of the property as the absolute owner. Thereafter, the
petitioner due to some disputes raised over the property had filed a
civil suit in O.S.No.669 of 2010 and by judgment and decree dated
29.11.2011 passed by the District Musnif Court, Thirumangalam, a
declaratory decree was granted in favour of the petitioner
declaring that she is the absolute owner of the aforementioned
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8270 of 2022
property. Based on the said Civil Court decree and based on the
sale deed dated 25.01.2010, the petitioner has submitted a
representation on 14.02.2022 for issuance of patta in her name.
Since, the said representation has not been considered till date, the
petitioner has filed this writ petition.
3.Heard Mr.T.Lajapathi Roy, learned Counsel appearing for
the writ petitioner and Mr.D.Sasikumar, learned Additional
Government Pleader who accepts notice on behalf of the
respondents.
4.Learned Additional Government Pleader appearing for the
respondents on instructions would submit that subject property
belongs to an Anatheenam. However, the same is disputed by the
learned Counsel for the petitioner.
5.No prejudice would be caused to the respondents if the
petitioner's representation dated 14.02.2022 is considered on
merits and in accordance with law after affording a fair hearing to
the petitioner and other necessary parties whom the fifth
respondent deems fit to enquire.
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W.P.(MD)No.8270 of 2022
6.For the foregoing reasons, this Court directs the fifth
respondent to pass final orders on the petitioner's representation
dated 14.02.2022 seeking for issuance of patta in her name for the
property comprised in S.No.4/2 extent about 1 acre 26 cents
situated at Melanedunkulam Village, Thiruparankundram Taluk,
Madurai District, after affording a fair hearing to the petitioner and
other rival claimants, if any, including granting them the right of
personal hearing, within a period of twelve [12] weeks from the
date of receipt of a copy of this order.
7.With the above direction, this Writ Petition stands disposed
of. There shall be no order as to costs.
27.04.2022
Index : Yes / No
Internet: Yes / No
MR
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8270 of 2022
To
1.The Commissioner of Land Administration,
O/o. The Commissioner of Land Administration,
Ezhilagam,
Chepauk,
Chennai – 5.
2.The District Collector,
O/o. The District Collectorate,
Madurai District.
3.The District Revenue Officer,
District Revenue Office,
Madurai.
4.The Revenue Divisional Officer,
Revenue Divisional Office,
Thirumangalam,
Madurai District.
5.The Tahsildar,
Thiruparankuntram Taluk,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8270 of 2022
ABDUL QUDDHOSE, J.
MR
ORDER MADE IN
W.P.(MD)No.8270 of 2022
27.04.2022
https://www.mhc.tn.gov.in/judis
