Madras High Court
Valliyammai vs The District Collector on 28 April, 2022
W.P.(MD)No.8410 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.8410 of 2022
Valliyammai ... Petitioner
Vs.
1.The District Collector,
Trichy District,
Trichy.
2.The Revenue Divisional Officer,
O/o. The Revenue Divisional Officer,
Musiri,
Trichy District.
3.The Tahsildar,
O/o. The Tahsildar,
Thottiyam,
Trichy District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the
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W.P.(MD)No.8410 of 2022
respondents to issue patta to the petitioner on the basis of the
petitioner's representation dated 28.03.2022 within a stipulated
time as fixed by this Court.
For Petitioner : Mr.A.Joel Paul Antony
For Respondents : Mr.T.Amjad Khan
Government Advocate
ORDER
***********
This writ petition has been filed for a Mandamus seeking for
a direction to the respondents to issue patta in favour of the
petitioner for her property comprised in Survey No.227/3A4 at
Kodiyampaliayam Village, Alagarimajara, Musiri Taluk (now
Thottiyam Taluk), Trichy District, based on the petitioner's
representation dated 28.03.2022, within a time frame to be fixed by
this Court.
2.The petitioner claims that she is the absolute owner of the
aforementioned property based on a judgment and decree dated
31.03.2004 passed in O.S.No.128 of 1990 on the file of District
Munsif Court, Musiri. According to the petitioner, the judgment
and decree has attained finality. It is also claimed that she is in
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W.P.(MD)No.8410 of 2022
possession and enjoyment of the property as the absolute owner
ever since the passing of the judgment and decree. The petitioner
has applied for patta for the said property and has also given a
representation thereafter on 28.03.2022 for the said purpose. Since
the said representation has not been considered till date, the
petitioner has filed this writ petition.
3.Heard Mr.A.Joel Paul Antony, learned Counsel appearing for
the writ petitioner and Mr.T.Amjad Khan, learned Government
Advocate who accepts notice on behalf of the respondents.
4.No prejudice would be caused to the third respondent if the
petitioner's representation is considered on merits and in
accordance with law after affording a fair hearing to the petitioner
and any other necessary party whom the third respondent deems fit
to enquire.
5.For the foregoing reasons, this Court directs the third
respondent to consider the petitioner's representation dated
28.03.2022 seeking for issuance of patta in her name for the
property comprised in Survey No.227/3A4 at Kodiyampaliayam
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W.P.(MD)No.8410 of 2022
Village, Alagarimajara, Musiri Taluk (now Thottiyam Taluk), Trichy
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 third respondent deems fit to enquire
and also 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.
6.With the above direction, this Writ Petition stands disposed
of. There shall be no order as to costs.
28.04.2022
Index : Yes / No
Internet: Yes / No
MR
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8410 of 2022
To
1.The District Collector,
Trichy District,
Trichy.
2.The Revenue Divisional Officer,
O/o. The Revenue Divisional Officer,
Musiri,
Trichy District.
3.The Tahsildar,
O/o. The Tahsildar,
Thottiyam,
Trichy District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8410 of 2022
ABDUL QUDDHOSE, J.
MR
ORDER MADE IN
W.P.(MD)No.8410 of 2022
28.04.2022
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