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Madras High CourtWP/2736/2022disposed of

Eramma v. The District Collector

2022-02-17Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.2736 of 2022 Eramma ... Petitioner Vs.

1.The District Collector, Krishnagiri District.

2.The Tahsildhar (Revenue), Thenkanikottai Taluk, Krishnagiri District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 15.12.2021 and issue a patta in the petitioner's name in respect of the property situated Krishnagiri, Thenkanikottai, Madakal Tharappu, Malligepavithotti Village, in Survey No.447/2 to an extent of 1.21.5 Hectare (3.00 Acres).

For Petitioner : Mr.B.Ramar For Respondents : Mr.G.Nanmaran Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 15.12.2021 and issue a patta in the petitioner's name in respect of the property situated Krishnagiri, Thenkanikottai, Madakal Tharappu, Malligepavithotti Village, in Survey No.447/2 to an extent of 1.21.5 Hectare (3.00 Acres).

2. The case of the petitioner is that the petitioner is the owner of the property, she obtained the property from her mother. But, the legal heirs of Kariyan@Venkadan have wrongly interfered with the peaceful possession of the property and consequently, the petitioner filed a suit for declaration in https://hcservices.ecourts.gov.in/hcservices/

O.S.No.223 of 2014, on the file of the District Munsif Court, Denkanikottai. The suit was decreed in favour of the petitioner on 19.04.2005. Since, they have not appeared before the Court the petitioner filed an application to the Tahsildar, Denkanikottai for issuing patta in her name. Petitioner sent a representation to the respondents herein to issue patta in favour of her on 15.12.2012, but, till date no orders have been passed. Hence, this Writ petition is filed with the above said prayer.

3. The learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the respondent to consider the petitioner's representation dated 15.12.2012 in accordance with law and pass appropriate orders within a particular time frame fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents submits that the petitioner's application dated 15.12.2012 will be considered by the Respondent within the time frame fixed by this Court.

5. Considering the facts and circumstances, the respondent is directed to consider the petitioner's representation dated 15.12.2012 and pass orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar Psa To 1.The District Collector, Krishnagiri District.

2.The Tahsildhar (Revenue), Thenkanikottai Taluk, Krishnagiri District.

+1cc to Mr.B.Ramar, Advocate SR.No.10573 +1cc to Government Pleader SR.No.10758 W.P. No.2736 of 2022 SS(CO) GMY(07/03/2022) https://hcservices.ecourts.gov.in/hcservices/