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Madras High CourtWP/15476/2015disposed of

Mrs.K.Veeramani v. The Additional Director

2015-06-02Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.15476 of 2015 and M.P.No.1 of 2015 Mrs.K.Veeramani ... Petitioner - Vs - 1.The Additional Director, Land Survey and Land Tax Scheme, Special Commissioner Office (Land Survey), Survey House, Chennai 600 005.

2.The Assistant Director, Office of Land Survey Record, Kancheepuram, Kancheepuram District.

3.The District Collector, Kancheepuram, Kancheepuram District.

4.The Special Tahsildar, Corporation Building, 1st Floor, Corporation of Chennai, Zone-12, Alandur,Chennai -16.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to pass a considered order on the application of the petitioner dated 18.04.2015 and consequential relief by way of direction to issue a patta in favour of the petitioner namely Mrs.K.Veeramani, pertaining to the property bearing Door No.102/140, Masthan Gori Street, Adambakkam, Chennai 600 088, comprised in S.No.190/6 part and 190/3 part, Survey Field No.120, Block No.G-15, measuring an extent of about 1872 square feet.

Petitioner : Mr.T.Ramachandran For Respondents : Mr.N.Roofus Abraham, GA

ORDER

By consent, the writ petition itself is taken up for final disposal.

2. The petitioner claims that she is the wife of late Kabali, who was the owner of the property bearing Door No.102/140, Masthan Gori Street, Adambakkam, Chennai 600 088 , comprised in S.No.190/6 (part) and 190/3 (part) , Survey field No.120, Block NO.G-15, measuring an extent of about 1872 square feet and her husband was in possession and enjoyment of the same. The petitioner would further submit that her husband died intestate on 20.04.1979 leaving behind him the petitioner (wife) and a daughter - K.Selvi. After the demise of her husband, she applied for patta on 18.09.2006 and there was no response. Subsequently, she and her daughter filed a civil suit in O.S.No.1003 of 2012 before the learned Principal District Munsif, Alandur, seeking to declare herself and her daughter as the legal heirs of the deceased Kabali and for mandatory injunction directing the defendants to issue patta in favour of the plaintiffs pertaining to the property in question. The said suit was ultimately decreed in their favour on 08.04.2013.

Subsequently, the petitioner again sent a representation on 20.02.2015 and reminders on 05.03.2015 and 18.04.2015. Since she has not been favoured with any response, she has come forward with this writ petition.

3. Heard Mr.T.Ramachandran, the learned counsel appearing for the petitioner and Mr.N.Roofus Abraham, the learned Government Advocate who accepts notice for the respondents.

4. This court taking into consideration of the limited scope of prayer sought for by the petitioner, directs the 4th respondent to consider the petitioner's representation/application dated 20.02.2015 and the reminders dated 05.03.2015 and 18.04.2015 in accordance with law after putting on notice to the person concerned and pass appropriate orders on the same within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the persons concerned.

5. Accordingly, the writ petition is disposed of. No costs. Consequently, connected MP is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar kmk

To 1.The Additional Director, Land Survey and Land Tax Scheme, Special Commissioner Office (Land Survey), Survey House, Chennai-5.

2.The Assistant Director, Office of Land Survey Record, Kancheepuram, Kancheepuram District.

3.The District Collector, Kancheepuram, Kancheepuram District. 4.The Special Tahsildar, Corporation Building, 1st Floor, Corporation of Chennai, Zone-12, Alandur,Chennai -16. 1 cc to Mr.T.Ramachandran, Advocate, sr. 25990 1 cc to Government Pleader, Sr. 26141 W.P.No.15476 of 2015 VD (CO) kk 18/6