Madras High Court
P.Kaleeswari vs The District Collector on 30 March, 2022
W.P.(MD)No.5673 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.5673 of 2022
P.Kaleeswari ... Petitioner
Vs.
1.The District Collector,
O/o. The District Collector,
Collectorate Campus,
Madurai,
Madurai District.
2.The Tahsildar,
O/o. The Tahsildar,
Madurai North Taluk,
Madurai,
Madurai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the second
respondent to issue patta in respect of the petitioner's land
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5673 of 2022
admeasuring to an extent of 1 acre and 20 cents in S.No.173/1
situated at Kovilpappakudi Village, Madurai North Taluk, Madurai
District by considering the petitioner's representation dated
14.03.2022 within a period that may be stipulated by this Court.
For Petitioner : Mr.M.Ajmal Khan
Senior Counsel
for M/s.Ajmal Associates
For Respondents : Mr.B.Saravanan
Additional Government Pleader
ORDER
***********
This writ petition has been filed for a Mandamus seeking for
a direction to the second respondent to issue patta in respect of the
petitioner's land admeasuring to an extent of 1 acre and 20 cents in
S.No.173/1 situated at Kovilpappakudi Village, Madurai North
Taluk, Madurai District by considering the petitioner's
representation dated 14.03.2022 within a time frame to be fixed by
this Court.
2.The petitioner claims that she is the owner of the
aforementioned property. According to her, by virtue of a judgment
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5673 of 2022
and decree dated 27.10.2015 passed in O.S.No.238 of 2014, on the
file of the District Munsif Court, Madurai, the petitioner's mother
became the owner of the property. The petitioner has also filed the
copy of the judgment and decree dated 27.10.2015 as well as the
death certificate of the petitioner's mother and the legal heirship
certificate of her mother. Along with this writ petition, she has also
filed kist receipts and Chitta standing in the name of her mother. It
is for the second respondent to consider the same on merits and in
accordance with law.
3.Without expressing any opinion on the merits of the matter,
this Court is of the considered view that no prejudice would be
caused to the second respondent 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 other necessary parties whom the second respondent deems fit
to enquire.
4.Accordingly, this Court directs the second respondent to
consider the petitioner's representation dated 14.03.2022
requesting for issuance of patta in respect of the petitioner's land
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5673 of 2022
admeasuring an extent of 1 acre and 20 cents in S.No.173/1
situated at Kovilpappakudi Village, Madurai North Taluk, Madurai
District and pass final orders on merits and in accordance with law
after affording a fair hearing to the petitioner and other necessary
parties whom the second respondent deems fit to enquire and also
by granting them the right of personal hearing within a period of
three [3] months from the date of receipt of a copy of this order.
5.With the aforesaid direction, this Writ Petition stands
disposed of. There shall be no order as to costs.
30.03.2022
Index : Yes / No
Internet: Yes / No
MR
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5673 of 2022
To
1.The District Collector,
O/o. The District Collector,
Collectorate Campus,
Madurai,
Madurai District.
2.The Tahsildar,
O/o. The Tahsildar,
Madurai North Taluk,
Madurai,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5673 of 2022
ABDUL QUDDHOSE, J.
MR
ORDER MADE IN
W.P.(MD)No.5673 of 2022
30.03.2022
https://www.mhc.tn.gov.in/judis
