Madras High CourtWP/5393/2018disposed of

Smt.Rajambal, v. The District Collector,

2018-03-09Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.5393 of 2018 Smt.Rajambal Wife of Late Muthuswamy (Ex-Service Man) .. Petitioner Vs.

1.The District Collector Collectorate Office, Cuddalore.

2.The Assistant Dierctor Ex-Servicemen's Welfare Seetharaman Street, Cuddalore District - 607 001.

3.The District Revenue Officer Collectorate Office, Cuddalore.

4.The Revenue Divisional Officer Revenue Divisional Office Tittagudi Taluk, Cuddalore District.

5.The Thasildar Taluk Office Tittagudi, Cuddalore District.

6.The Village Administrative Officer Village Administrative Office, Kozhiryur, Tittagudi Taluk, Cuddalore District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 5th respondent herein to issue the Patta in the name of the petitioner herein in respect of the land situated at Survey No.77, Kodankudi Village, Tittagudi Taluk, Cuddalore District admeasuring an extent of 3 acres 48 cents based on the order of 4th respondent herein dated 20.10.2017 in O.Mu.A.4/2741/2017 after conducting enquiry to the petitioners representations dated 30.01.2017 and 27.09.2017 within a time frame.

For Petitioner : Mr.R.Abdul Mubeen For Respondents : Ms.S.Ramya Revathy Government Advocate

O R D E R

Ms.S.Ramya Revathy, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner is claiming to be the wife of an Exservicemen, by name Muthusamy. The petitioner is seeking for a direction to the fifth respondent to issue Patta in her name in respect of the land situated at Survey No.77, Kodankudi Village, Tittagudi Taluk, Cuddalore District, measuring to an extent of 3 acres 48 cents.

3. The case of the petitioner is that the subject matter land was assigned to her husband as early as in the year 1945 in recognition of his service in Military. It is her further case that the said land is in possession and enjoyment of the petitioner all along from the date of such assignment. Therefore, the petitioner has made the representations periodically for granting Patta.

However, as the said representations have not been considered so far, the petitioner has come before this Court and filed the present writ petition.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the fifth respondent to consider and decide the same. Thus, this writ petition is disposed of, only with a direction to the fifth respondent to consider the request of the petitioner and pass orders on the same on merits and in accordance with law, after hearing the petitioner and the other interested parties, if any. such exercise shall be done by the fifth respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk

To 1.The District Collector Collectorate Office, Cuddalore.