This judgment quashed the refusal to issue patta for 13 cents of land as pending suits involved different survey numbers. The Court directed a fresh enquiry with personal hearing within 8 weeks.
Impugned order dated 17.02.2020 quashed; directive to Second Respondent to conduct de novo enquiry within 8 weeks.
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.14287 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.14287 of 2021
P.Hariharan ... Petitioner
Vs.
2.The Tahsildar, Madurai South, Madurai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent dated 17.02.2020 in Na.Ka.No.7233/2019/S and to quash the same and seeking consequential direction and direct the second respondent to issue patta to the petitioner's property for an extent of 13 cents comprised in Survey Nos.197/2A2B (10 cents) and 197/2A2E (3 cents) situated at Ayanpappakudi Village, Avaniapuram, Madurai District.
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W.P.(MD).No.14287 of 2021
For Petitioner : M/s.P.Jessi Jeeva Priya For Respondents : Mr.A.K.Manikkam, Special Government Pleader.
ORDER
This Writ Petition is filed to quash the order dated 17.02.2020 with a consequential direction to issue patta to the petitioner's property to an extent of 13 cents comprised in Survey Nos.197/2A2B (10 cents) and 197/2A2 (3 cents) situated at Ayanpappakudi Village, Avaniapuram, Madurai District.
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W.P.(MD).No.14287 of 2021
in O.S.No.66 of 2019, the survey number shown in the schedule of properties as S.No.94/1 in Avaniapuram Taluk is resurvey No.94/9-1B and hence it is nothing to do with the petitioner’s property. In O.S.No.67 of 2019, the challenge in the suit is election conducted in the year 2019-2020 and hence the same is nothing to do with the petitioner’s property. In O.S.No.67 of 2019 the suit is filed for property situated in Survey No.194/4 in Vilangudi Village and the same is nothing to do with the petitioner’s property. Therefore, three suits referred by the respondents are nothing to do with the Survey No.197 situated at Ayanpappakudi Village, Avaniapuram, Madurai District.
W.P.(MD).No.14287 of 2021
order as to costs.
01.08.2023
NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr
To
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W.P.(MD).No.14287 of 2021
S.SRIMATHY, J.
Nsr
W.P.(MD).No.14287 of 2021
01.08.2023
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2 issues framed by the court
Whether pending suits involving other survey numbers justify refusal to issue patta to the petitioner for distinct properties.
Whether the quashing of the order to issue patta is warranted due to non-application of mind by the authority.
1 provisions across 1 enactments
P. Hariharan
The District Collector, Madurai District
The Tahsildar, Madurai South
S. Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
