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Madras High CourtWP/5000/2025disposed of

M.Gomathi v. The District Collector

2025-02-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.5000 of 2025 M.Gomathi ... Petitioner Vs.

1.The District Collector, Collectorate, Nagapattinam District.

Nagapattinam.

2.The Revenue Divisional Officer, Office of the RDO, Nagapattinam, Nagapattinam District.

3.The Tahsildar, Taluk Office, Nagapattinam, Nagapattinam District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing 1 to 3 respondents to transfer the patta in the name of the petitioner pertaining to natham nilavari thittam patta which earlier stood in the name of V. Kaliappan, S/o Veersawamy in New S. No 73/46 (old S. No.73), Natham in Patta No. 13 situated in Ponveli Village, within the Sikkal Revenue Village and Nagapattinam Taluk and District.

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For Petitioner : Mr.K.M.Subramanian For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R3

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to deal with the representation made by the petitioner wherein, the petitioner is seeking for issuance of patta in her name. 2.Heard Mr.K.M.Subramanian, learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the respondents 1 to 3.

3.In the case in hand, the housing patta was issued under the Natham Nilavari Thittam in favour of one Kaliyappan in the year 1993. Subsequently, the patta holder seems to have transferred the property in favour of one Navaneetham and thereafter, the property was transferred in favour of the petitioner in the year 1997. Unfortunately, the transfer did not take place by means of any registered documents and it has happened through an unregistered deed. The specific case of the petitioner is that she is in 2/4

possession and enjoyment of the subject property and she was paying the property tax in her name and a certificate was also issued by the Zonal Tahsildar to show that the petitioner is in possession and enjoyment of the property. Since the petitioner is an occupation of the property from the year 1997, the petitioner wants the patta to be issued in her name. It is under these circumstances, the petitioner has filed the present writ petition before this Court.

4.The petitioner has made a representation in this regard on 27.06.2023 and the District Collector has called for a report in this regard from the 3rd respondent. The same was pending and there was no progress. Hence, there shall be a direction to the 3rd respondent to deal with the representation made by the petitioner on 27.06.2023 on its own merits and in accordance with law and take a decision, within a period of eight weeks from the date of receipt of copy of this order.. 5.This writ petition is disposed of with the above directions. No Costs. 19.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 3/4

N. ANAND VENKATESH, J.

ssr To 1.The District Collector, Collectorate, Nagapattinam District.

Nagapattinam.

2.The Revenue Divisional Officer, Office of the RDO, Nagapattinam, Nagapattinam District.

3.The Tahsildar, Taluk Office, Nagapattinam, Nagapattinam District.

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