Madras High Court
J.Padmavathy vs The District Collector on 28 April, 2022
W.P.(MD)No.8534 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.8534 of 2022
J.Padmavathy .. Petitioner
Vs.
1.The District Collector,
Collectorate Building,
Thoothukudi District.
2.The Tahsildar,
Thoothukudi Taluk,
Thoothukudi District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondent to issue the house
site patta in favour of petitioner in respect of property in Survey Number
219/1B, Mullakadu Village Part-1, Muthiahpuram, Thoothukudi District.
For Petitioner : Mr.S.Moorthy
For Respondent : Mr.M.Lingadurai
Special Government Pleader
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8534 of 2022
ORDER
This writ petition has been filed for a Mandamus seeking for a
direction for issuance of patta in the name of the petitioner for the house
site property bearing Survey Number 219/1B, Mullakadu Village Part-1,
Muthiahpuram, Thoothukudi District, within a time frame to be fixed by
this Court.
2.According to the petitioner, as per G.O.Ms.No.267, dated
17.09.2021, issued by the Revenue and Disaster Management
Department, the petitioner is entitled for patta in her name. According to
the petitioner, she is in possession of the property for 27 years. It is also
stated that by a Civil Court judgment and decree, dated 27.08.2021,
passed in O.S.No.56 of 2018, by the learned Additional District Munsif,
Thoothukudi, the possession over the property is confirmed. In such
circumstances, the petitioner has submitted an application with the
respondents, seeking for issuance of patta in her name. The petitioner has
also submitted further representations on 25.10.2021 and 16.11.2021 for
the very same purpose. Since the representations have not been
considered till date, she has filed this writ petition.
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W.P.(MD)No.8534 of 2022
3.Heard Mr.S.Moorthy, learned counsel appearing for the
petitioner and Mr.M.Lingadurai, learned Special Government Pleader,
who accepts notice on behalf of the respondents.
4.The learned Special Government Pleader appearing for the
respondents would submit that the aforesaid G.O.Ms.No.267, relied upon
by the petitioner will not apply to him. The said statement is recorded.
The petitioner has filed documents along with the writ petition to
substantiate her claim that she is entitled for patta. It is for the
respondents to consider the same on merits and in accordance with law.
5.No prejudice will be caused to the respondents, if the petitioner's
representation, seeking for issuance of patta is considered on merits and
in accordance with law, after affording a fair hearing to the petitioner and
any other necessary party, whom the respondents deem fit to enquire,
within a time frame to be fixed by this Court.
6.For the foregoing reasons, this Court directs the second
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8534 of 2022
respondent to consider the petitioner's representations, dated 25.10.2021
and 16.11.2021, seeking for issuance of patta in her favour for the
property comprised in Survey Number 219/1B, Mullakadu Village
Part-1, Muthiahpuram, Thoothukudi District and pass final orders on
merits and in accordance with law, after affording a fair hearing to the
petitioner and any other necessary party, whom the second respondent
deems fit to enquire, within a period of twelve weeks from the date of
receipt of a copy of this order.
7.With the aforesaid directions, this writ petition is disposed of. No
costs.
28.04.2022
Index: Yes/No
Internet : Yes/No
TM
To
1.The District Collector,
Collectorate Building,
Thoothukudi District.
2.The Tahsildar,
Thoothukudi Taluk,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8534 of 2022
ABDUL QUDDHOSE, J.
TM
W.P.(MD)No.8534 of 2022
28.04.2022
https://www.mhc.tn.gov.in/judis
