Madras High CourtWP/6438/2024disposed of

K.Latha v. The Thasildhar

2024-03-13Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.6438 of 2024 K.Latha ... Petitioner Vs.

The Tahsildar Taluk Office Shoolagiri-635 117 Krishnagiri ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to issue separate Patta in petitioner's name in respect of the property comprised in S.No.158/3 measuring to an extent 0.72 acres situated at Berigai Village, Shoolagiri Taluk, Krishnagiri District, based on the representation dated 09.05.2023 within a stipulated period.

For Petitioner : Mr.M.Mohamed Riyaz For Respondent : Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondent to issue separate Patta in petitioner's name in respect of the property comprised in S.No.158/3 measuring to an extent 0.72 acres situated at Berigai Village, Shoolagiri Taluk, Krishnagiri District, based on 1/4

the representation dated 09.05.2023 within a stipulated period.

2. The case of the petitioner is that the subject property was allocated to her pursuant to the compromise entered in a suit for partition in O.S.No.108 of 2013 on the file of the Sub Judge, Hosur, and the said decree was duly registered as Doc. No.17538/2014 before the Sub Registrar, Hosur, on 25.09.2014. Thereafter, in order to get separate Patta, she made a representation date 09.05.2023 after paying necessary fee. However, the same has not been considered. Hence, the present Writ Petition is filed.

3. Mr.A.Selvendran, learned Additional Government Pleader takes notice for the respondent.

4. Having regard to the submissions made by the learned counsel on either side and since the Writ Petition is filed seeking a simple Writ of Mandamus, this Court without expressing any opinion with regard to the merits of the case, directs the respondent to issue notice to the petitioner, interested parties/rival claimants/aggrieved parties/objectors if any, as the case may be and conduct enquiry in the manner known to law. After conducting enquiry, if the respondent comes to the conclusion that the petitioner is otherwise eligible/entitled, pass orders on merits and in accordance with law and issue Patta to the petitioner. The said exercise shall 2/4

be completed within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 13.03.2024 (1/3) ksa-2 Index : Yes / No To The Tahsildar Taluk Office Shoolagiri-635 117 Krishnagiri 3/4

P.VELMURUGAN. J.

Ksa-2 W.P.6438 of 2024 13.03.2024 (1/3) 4/4