Mrs. Rukmani v. Thasildhar (South Circle)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.3327 of 2022 Rukmani ... Petitioner Vs.

1. Thasildhar (South Circle) Tirupur Taluk, Tirupur District.

2. Head Surveyor, Tirupur Taluk, Tirupur.

3. The Inspector of Police, Avanashipalayam, Police Station, Tirupur.

4. Duraisamy Gounder

5. Viswanathan

6. Deviathal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to issue Separate Patta to the petitioner in respect of her 63 1⁄2 cents of lands in S.No.94/5 and 94/7, Therkavinashipalayam Village covered under Document No.3266/90 on the file SRO, Palladam, Tirupur Taluk, Tirupur District on the basis of the petitioner's representation dated 03.02.2017 with the help of the 2nd and 3rd respondents. For Petitioner :

Mr.P.R.Balasubramaniyam For Respondents :

Mr.G.Nanmaran Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the 1st respondents to issue Patta to the petitioner in respect of her 63 1⁄2 cents of lands in S.No.94/5 and 94/7, Therkavinashipalayam Village covered under

Document No.3206/90 on the file SRO, Palladam, Tirupur Taluk, Tirupur District on the basis of the petitioner's representation dated 03.02.2017 with the help of the 2nd and 3rd respondents.

2. The learned Special Government Pleader takes notice to the official respondents. Since, no adverse orders is being passed against the private respondents, notice to the private respondents is dispensed with.

3. The case of the petitioner is that the petitioner is the owner of the property in respect of 0.63 1⁄2 cents of 1/8th right in common well and common pathway in Document No.3266/90 in Book.No.1, Volume NO.1371 in Page Nos.435 and 436 dated 10.12.1990 on the file of SRO, Palladam purchased from Devathal, wife of Subbaraya Gounder. Thereafter, the petitioner made a representation to the first respondent for issuance of patta in favour of the petitioner but, till date no orders have been passed. Hence, this writ petition is filed.

4. The learned counsel for the petitioner submitted that it would suffice, if this Court issues a direction to the 1st respondent to consider and pass orders on the petitioner's representation dated 10.06.2021 in accordance with law and pass appropriate orders within a particular time frame fixed by this Court.

5. The learned Special Government Pleader appearing on behalf of the respondent submits that the petitioner's representation dated 10.06.2021 will be considered by the respondents within the time frame fixed by this Court.

6. Considering the facts and circumstances, the respondents are directed to consider the petitioner's representation dated10.06.2021 and pass orders on merits and in accordance with law after providing opportunity of hearing to all the necessary parties within a period of twelve weeks from the date of receipt of a copy of this order.

7. 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 Thasildhar (South Circle) Tirupur Taluk, Tirupur District.

2. The Head Surveyor, Tirupur Taluk, Tirupur.

3. The Inspector of Police, Avanashipalayam, Police Station, Tirupur.

+1cc to Mr.P.R.Balasubramanian, Advocate, S.R.No.11800 +1cc to the Government Pleader, S.R.No.12317 W.P. No.3327 of 2022 GSM(CO) SU(10/03/2022)