The Madurai Bench held that no prejudice would be caused if the petitioner's patta representation is considered on merits after a fair hearing, including a personal hearing.
Direction to the second respondent to consider the patta representation on merits after a fair hearing and pass orders within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.[MD]No.7581 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.[MD]No.7581 of 2022
Manikandan
... Petitioner
/Vs./
1.The District Collector, Office of the District Collector, Thoothukudi.
2.The Tahsildar, Office of the Taluk Office, Thoothukudi. ... Respondents
P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent herein to give the patta to the petitioner in favour petitioner's property comprised in S.No.245/1 situated at Nallamalai, Maravanmadam, Thoothukudi District on the basis of the petitioner's representation dated 25.02.2022 within the time fixed by this Honble Court and pass such further or other orders as this Court.
For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.M.Lingadurai Special Government Pleader
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 in respect of the petitioner's property situated in S.No.245/1 situated at Nallamalai, Maravanmadam, Thoothukudi District, measuring to an extent of 4 cents, on the basis of the petitioner's representation dated 25.02.2022 within a time frame to be fixed by this Court.
2. Heard Mr.V.Malaiyendran, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.
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W.P.[MD]No.7581 of 2022
3. The petitioner is seeking for patta for the aforementioned property. He has filed documents along with this writ petition which includes the house tax receipts to establish his possession. It is for the respondents to consider the same on merits and in accordance with law.
4. The learned Special Government Pleader appearing for the respondents would submit that since the subject property is classified as Sarkar Poramboke/Natham land, it may not be possible to grant patta in favour of the petitioner. The said statement is recorded.
5. However, this Court is of the considered view that no prejudice would be caused to the second respondent, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, including granting him the right of personal hearing and any other necessary party, whom the second respondent deems fit to enquire.
6. Accordingly, this Court directs the second respondent to consider the petitioner's representation dated 25.02.2022 seeking for issuance of patta in his name for the property situated in S.No.245/1 situated at Nallamalai, Maravanmadam, Thoothukudi District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing and any other necessary party, whom the second respondent deems fit to enquire, within a period of four (4) months 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.
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
sm
To
1.The District Collector, Office of the District Collector, https://hcservices.ecourts.gov.in/hcservices/ Thoothukudi.
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W.P.[MD]No.7581 of 2022
+1 CC to M/s.V. MALAIYENDRAN, Advocate ( SR-20390[F] dated 22/04/2022 )
+1 CC to M/s.SPL.GP ( SR-21017[F] dated 25/04/2022 )
order made in W.P.[MD]No.7581 of 2022 Dated:21.04.2022
USK/11.05.2022/3P/5C
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1 issue framed by the court
Whether the Second respondent should be directed to consider the petitioner's patta representation on merits after a fair hearing.
Manikandan
The District Collector
The Tahsildar
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
