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Madras High CourtWP/7072/2022disposed of

U.Lalitha v. The District Collector

2022-03-25Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.7072 of 2022 U.Lalitha

...Petitioner

Vs.

1.

The District Collector, Thiruvarur District, Thiruvarur.

2.

The Revenue Divisional Officer cum, Sub Divisional Executive Magistrate, Thiruvarur District, Thiruvarur.

3.

The Tahsildar, Nannilam Taluk, Thiruvarur District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider petitioner's representation dated 18.02.2022 and to transfer patta in the name of the petitioner for her 4.74 Acres of property comprised in Old.S.No.91/2B2; New S.No.91/2B2C situated in Thirukottaram Village, Nannilam Taluk, Thiruvarur District based on the sale deed Doc.No.1494/2008 & Doc.No.1519/2008, S.R.O. Peralam.

For Petitioner :

Mr.R.Sunil Kumar For Respondents :

Mr.R.Vigneswaran Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the respondents to consider petitioner's representation dated 18.02.2022 and to transfer patta in her name for the property comprised in Old.S.No.91/2B2; New S.No.91/2B2C situated at Thirukottaram Village, Nannilam Taluk, Thiruvarur District based on the sale deed Doc.No.1494/2008 & Doc.No.1519/2008.

2. The learned Government Advocate appearing on behalf of the respondents takes notice on behalf of the official respondents. In view of the limited relief sought for in this petition and on the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that, she purchased the property comprised in Old.S.No.91/2B2; New S.No.91/2B2C, situated at Thirukottaram Village, Nannilam Taluk, Thiruvarur District. Thereafter, the petitioner made a representation dated 18.02.2022 before the respondents herein, seeking for sub division and transfer of patta to her name, in respect of the above said property. However, till date no orders have been passed on the said representation. Hence, the present Writ petition has been filed with the above said prayer.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 18.02.2022 and consequently direct the respondents to take necessary action to sub divide the said property and transfer the patta in the name of the petitioner.

5. Learned Government Advocate appearing on behalf of the respondents has no serious objection for the said order being passed and he fairly conceded that, the petitioner's representation dated 18.02.2022 will be considered by the 3rd respondent and appropriate orders will be passed in accordance with law within the time stipulated by this Court.

6. In view of the above submissions, this Court without expressing any opinion on the merits of the case, directs the 3rd respondent to consider the petitioner's representation dated 18.02.2022 on merits and pass appropriate orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the petitioner as well as the aggrieved parties, if any.

7. Accordingly, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar skt

To 1.

The District Collector, Thiruvarur District, Thiruvarur.

2.

The Revenue Divisional Officer cum, Sub Divisional Executive Magistrate, Thiruvarur District, Thiruvarur.

3.

The Tahsildar, Nannilam Taluk, Thiruvarur District.

+1cc to M/s.R.Sunil Kumar, Advocate, S.R.No.20260 +1cc to the Government Pleader, S.R.No.21072 W.P.No.7072 of 2022 PMK(CO) SU(08/04/2022)