M. Kasthuri v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.4.2016

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH W.P.No.14330 of 2016 1 M. Kasthuri W/o C. Madhavan New No.1/122 Old No.1/119 Yadhavar Street Meyyur Village and Post via S.V. Nagaram 632 317 Arani TK, Tiruvannamalai District ...

PETITIONER Vs.

1 The District Collector District Collectorate Office Thiruvannamalai 606 601 2 The Thasildar Thasildar Office Arani 632 301 Thiruvannamalai District ...

RESPONDENTS PRAYER:

Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the Respondents to consider petitioner representations dated 23/01/2016 and 21/03/2016 respectively and issue patta in my favour for the property situate in S.F. No.75/4, 133/1, 133/3, 133/6, 133/7, 133/2 in Mayyur Village Arani Taluk Tiruvannamalai District measuring an total extent of 3.02 cents. For Petitioner : Mr.K.Venkatasubban For Respondents : Mr.S.Pattabiraman, G.A.

O R D E R

The case of the petitioner is that the property situate in S.F.No.75/4, 133/1, 133/3, 133/6, 133/7, 133/2 in Mayyur Village Arani Taluk Tiruvannamalai District measuring an total extent of 3.02 cents originally belongs to her mother in law namely Dhanalaxmi Ammal by virtue of settlement deed dated 19.1.1938 registered as Doc.No.122/1938 and she was in peaceful possession and enjoyment of the said property. She bequeathed the entire 3.02 acres of the property in favour of his son/petitioner's husband namely C.Madhavan through a Will, dated 03.03.2004.

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The petitioner's husband had executed three Settlement deeds, dated 23.3.2007, 16.4.2007 and 15.5.2007 respectively registered as Doc.Nos.2169/2007, 3080/2007 and 4008/2007 conveying the entire 3.02 acres property in her favour. Petitioner made representation, dated 23.1.2016 and 21.3.2016 to the respondents 1 and 2 requesting them to issue patta in her favour. However, there was no action taken by the respondents on his representations. Hence, the present writ petition. 3 Without going into the merits of the case, this Court directs the second respondent to consider the representation of the petitioner, dated 23.1.2016 and 21.3.2016 and pass appropriate orders on merit and in accordance with law, after affording opportunity to the petitioner as well as third party if any, within a period of six weeks from the date of receipt of a copy of this order.

Accordingly, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar vaan To 1 The District Collector District Collectorate Office Thiruvannamalai 606 601 2 The Thasildar Thasildar Office Arani 632 301 Thiruvannamalai District 1 cc to Government Pleader, Sr. 24238 1 cc to M/s.K. Venkatasubban, Advocat, Sr. 23975 W.P.No.14330 of 2016 PPA (CO) kk 31/5 https://hcservices.ecourts.gov.in/hcservices/