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Madras High CourtWP/2328/2022disposed of

S.Saratha v. The District Collector

2022-02-14Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.2328 of 2022 S.Saratha ... Petitioner Vs.

1.The District Collector, Collectorate, Namakkal District.

2.The Revenue Divisional Officer, Namakkal, Namakkal District.

3.The Tahsildar, Rasipuram Taluk Office, Rasipuram Taluk, Namakkal District.

4.The Zonal Deputy Tahsildar-I, Rasipuram Taluk, Namakkal District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to issue patta in the name of the petitioner for the landed property measuring to an extent of 2281 1/2 Sq.ft. situated in Survey Number 20/2-83 in Palanthinnipatti Village, Rasipuram Taluk, Namakkal District by rectifying the mistake committed in UDR survey in lieu of the proceedings of the 1st and 2nd respondents dated 08.11.2019, 02.12.2019 and 30.01.2020 by appreciating the above stated facts.

For Petitioner : Mr.R.Shase For Respondents: Mr.G.Nanmaran Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the third respondent to issue patta in the name of the petitioner for the landed property measuring to an extent of 2281 1/2 sq.ft. situated in Survey Number 20/2-83 in Palanthinnipatti Village, Rasipuram Taluk, Namakkal District, by rectifying the mistake committed in UDR survey in lieu of the proceedings of respondents 1 and 2 dated 08.11.2019, 02.12.2019 and 30.01.2020.

2.The case of the petitioner is that the petitioner is the owner of the subject property and acquired the same from her father through the Will executed by him in her favour and after the demise of her father, she is in possession of the same. According to the petitioner, during UDR survey, entry was made in the name of one Komurugounder instead of her father's name and she made representation to the respondents seeking to rectify the mistake and to issue patta in her name and the last of such representation was made on 01.11.2021 and since the same has not yet been considered, has filed this writ petition. 3.The learned counsel appearing for the petitioner submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 01.11.

2021 and to pass appropriate orders within a reasonable time frame. 4.Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 01.11.2021, on merits and in accordance with law and to pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

5.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar pri

To 1.The District Collector, Collectorate, Namakkal District.

2.The Revenue Divisional Officer, Namakkal, Namakkal District.

3.The Tahsildar, Rasipuram Taluk Office, Rasipuram Taluk, Namakkal District.

4.The Zonal Deputy Tahsildar-I, Rasipuram Taluk, Namakkal District.

+1cc to Mr.M.Guruprasad, Advocate SR.No.9394 +1cc to Government Pleader SR.No.9899 W.P.No.2328 of 2022 MT(CO) GMY(15/03/2022)