R.Kasthuri (Senior Citizen) v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.7837 of 2019 Mrs.R.Kasthuri

...Petitioner

Vs

1. The Revenue Divisional Officer, The Revenue Divisional Office, Kurinjipadi Taluk, Cuddalore District.

2. The Thasildar, Kurinjipadi Taluk, Cuddalore District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to consider the representation dated 18.11.2018 of the Petitioner and consequentially to issue patta for petitioner property in furtherance of the proceedings O.M.A.7/3236/91 dated 21.11.1991 of the Deputy Collector, Cuddalore.

For Petitioner : Mr.G.Abraham Prabhu For Respondents : Mr.Jayaprakash Government Advocate

O R D E R

Heard Mr.G.Abraham Prabhu, learned counsel for the petitioner and Mr.Jayaprakash, learned Government Advocate for the respondents.

2.

The petitioner has sought a mandamus directing the respondents to consider her representation filed on 18.11.2018 and consequentially to issue patta for petitioner's property in furtherance of proceedings of the Deputy Collector Cuddalore bearing No.O.M.A.7/3236/91 dated 21.11.1991.

3. A counter affidavit has been filed by R2/ Kurinjipadi Taluk, wherein they state at paragraphs 8 and 9 as follows:- "8.It is submitted that after the death Thiru.N.R.Ramakrishnan his wife Tmt.Kasthuri the petitioner herein has requested to issue patta to

the subject land and in pursuance of the request of the petitioner the Revenue Inspector, Kurinjipaid and Village Administrative Officer, Kurinjipadi (North) inspected the said property and has given a statement to the effect that 1) Tmt.Dhanalakshmi, W/o.(late) Sridhar, 2) Tmt.Gayathiri, W/o.Pandiyaraj and Tmt.Kasthuri W/o.(late)Ramakrishnan a constructed 3 houses in Survey No.48/7 (0.30.0 Acres) and is in possession and enjoyment of the said land and therefore has recommended to issue patta to the above said persons by changing the classification from "Punjai Tharisu" to "Natham" and following the other guidelines issued by the Government.

9. It is humbly submitted that based on the recommendations of the Revenue Inspector and Village Administrative Officer action is being taken by this respondent to issue patta to the petitioner and the other two persons who are residing in the subject land (0.01 Acres to each person) in survey no.48/3 and it is humbly submitted that patta will be issued shortly to the petitioner and two others."

4. In light of the aforesaid, learned counsel for the petitioner would express satisfaction with the trajectory of the proceedings that have taken place, thus far, as seen from the paragraphs extracted above.

5. Thus, while recording the same, this writ petition is closed directing R2 to complete the on-going proceedings and issue patta to the petitioner in line with paragraphs 8 & 9 as aforesaid within a period of four (4) weeks from today. There shall be no order as to costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar nst/sl

To

1. The Revenue Divisional Officer, The Revenue Divisional Office, Kurinjipadi Taluk, Cuddalore District.

2. The Tahsildar, Kurinjipadi Taluk, Cuddalore District.

+1 CC to Mr.G.Abraham Prabhu, Advocate sr 21759. +1 CC to The Government Pleader sr 21759.

W.P.No.7837 of 2019 PL(CO) SP(13/04/2022)