V.Datchayini v. The State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.4412 of 2021 V.Datchayini
...Petitioner
-Vs1.The District Collector, Chengalpattu, Chengalpattu District.
2.The Revenue Divisional Officer, Chengalpattu, Chengalpattu District.
3.The Tahsildar, Tiruporur Taluk, Chengalpattu, Chengalpattu District.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 06.02.2021 for grant of patta in petitioner's name in respect of the property situated at Iyyampettai Street at Thiruporur Village, Tiruporur Taluk, Chengalpatu District comprised in S.No.110/D, to a total extent of 1800 sq.ft within the time prescribed by this Court.
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For Petitioner : Mr.S.Sugendran For Respondents : Mr.E.Balamurugan, Spl.GP.
ORDER
This Writ Petition is filed by the petitioner seeking a direction to the respondents to consider the petitioner's representation dated 06.02.2021 for grant of patta in petitioner's name in respect of the property situated at Iyyampettai Street at Thiruporur Village, Tiruporur Taluk, Chengalpatu District comprised in S.No.110/D, to a total extent of 1800 sq.ft within the time stipulated by this Court. 2.The representation stated to be made by a 70 year old widow, who lost her husband some time in September 2020, has moved with the authority for transfer of patta which stood in the name of her deceased husband, by considering her representation dated 06.02.2021. 3.Heard both sides.
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4.The learned counsel for the petitioner submitted that even though the representation is very recent, the fact that she is a senior citizen and a widow may be taken into consideration for an early enquiry into her representation dated 06.02.2021.
5.Mr.E.Balamurugan, learned Special Government Pleader made a statement on behalf of the respondents that an enquiry is fixed on 05.03.2021 at 5 p.m. at the office of the Tahsildar, the third respondent herein.
6.The said statement of the learned Special Government Pleader is recorded.
7.Since the representation of the petitioner is dated 06.02.2021, which is hardly a month old, this Court does not want to create a situation, where it amounts to discriminate those who are already in the queue. 8.Since the enquiry is already fixed, no further direction is required to be 3/6
made except that the third respondent is directed to issue notice to all the parties who are likely to be affected by his decision and after providing the parties a fair and effective hearing, to dispose of the representation dated 06.02.2021 through a speaking order within a period of eight(8) weeks from the date of service of order copy, after the conclusion of the General Elections to the Legislative Assembly - 2021. 9.The Writ Petition is disposed of accordingly. No costs. 26.02.2021 Index : Yes/No Internet : Yes/No dn 4/6
To 1.The District Collector, Chengalpattu, Chengalpattu District.
2.The Revenue Divisional Officer, Chengalpattu, Chengalpattu District.
3.The Tahsildar, Tiruporur Taluk, Chengalpattu, Chengalpattu District.
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N.SESHASAYEE, J., dn Order made in 26.02.2021 6/6