T.Akila v. The Revenue Inspector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.Nos.16156 and 16180 of 2015 T.Akila ... Petitioner in W.P.16156 of 2015 P.Thangam ... Petitioner in W.P.16180 of 2015 Vs.
1 The Revenue Inspector Red Hills Firka Madhavaram Taluk Thiruvallure District 2 The Tahsildar Madhavaram Madhavaram Taluk Thiruvallure District 3 The District Revenue Officer Thiruvallure Thiruvallure District.
... Respondents in both W.Ps.
Common Prayer: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to issue patta for the land measuring 1 Acre 79 cents and Acre 1.03 cents respectively comprised in S.No.181/1 and S.No.181/2 respectively No.9 Vilangadupakkam Village Ambattur Taluk Thiruvallore District in favour of the petitioner. For Petitioner : Mr.M.Kamalanathan For Respondents : Mr.V.Subbiah Special Government Pleader C O M M O N O R D E R By consent the writ petitions are taken up for final disposal. 2.The petitioner in W.P.16156 of 2015 claims that her husband purchased punja land admeasuring 1.79 acres comprised in S.No.181/1 and 1.03 acres in S.No.181/2 totalling 2.82 acres at No.9, Vilangadupakkam Village, Ambattur Taluk, Thiruvallore District by means of registered sale deed bearing document no.4246 of 1997 registered in the office of the Sub Registrar Red Hills. The Petitioner would further state that her husband had executed a deed of settlement dated 09.02.2007 bearing document no.1809/2007 on the
file of the Sub-Registrar, Red Hills in respect of the land admeasuring 1.79 acres comprised in S.No.181/1 at No.9, Vilangadupakkam Village, Ambattur Taluk, Thiruvallore District. The petitioner claims that from the date of execution of settlement deed, she is in absolute possession and enjoyment of the said land and also cultivating paddy in the said land and also got kists in her favour. The petitioner submitted an application on 08.07.2010 praying for issuance of patta and according to her an enquiry was also conducted and however, no action is being taken to issue the patta and in this regard, the petitioner has sent a legal notice on 18.04.2015 to the respondents and since she has not been favoured with any response, came forward to file this writ petition. 3.The petitioner in W.P.
16180 of 2015 claims that he purchased punja land admeasuring 1.79 acres comprised in S.No.181/1 and 1.03 acres in S.No.181/2 totalling 2.82 acres at No.9, Vilangadupakkam Village, Ambattur Taluk, Thiruvallore District by means of registered sale deed bearing document no.4246 of 1997 registered in the office of the Sub Registrar Red Hills. The Petitioner would further state that he had executed a deed of settlement dated 09.02.2007 bearing document no.1809/2007 on the file of the SubRegistrar, Red Hills in respect of the land admeasuring 1.79 acres comprised in S.No.181/1 at No.9, Vilangadupakkam Village, Ambattur Taluk, Thiruvallore District in favour of his wife.
The petitioner claims that from the date of execution of settlement deed, he is in absolute possession and enjoyment of the said land and also cultivating paddy in the land measuring 1.03 acres in S.No.181/2 at Vilangadupakkam Village, Ambattur Taluk, Thiruvallore District and also got kists in his favour. The petitioner submitted an application on 08.07.2010 praying for issuance of patta and according to him an enquiry was also conducted and however, no action is being taken to issue the patta and in this regard, the petitioner has sent a legal notice on 18.04.2015 to the respondents and since he has not been favoured with any response, came forward to file this writ petition.
4.This Court heard the submissions of Mr.M.Kamalanathan, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.
5.The petitioners have prayed for a larger relief. However, this Court in the facts and circumstances is of the view that it would be suffice to direct the second respondent to consider and dispose of the petitioners applications for issuance of patta as well as the legal notice sent on their behalf on 18.04.2015 in accordance with law within a stipulated time. 6.In the result, these writ petitions are disposed of, directing the second respondent to consider the applications submitted by the petitioners for issuance of patta as well as the legal notice sent on their behalf on 18.04.2015 in accordance with
law, after putting on notice the concerned persons and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioners. No costs.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar pri To 1 The Revenue Inspector Red Hills Firka Madhavaram Taluk Thiruvallure District 2 The Tahsildar Madhavaram Madhavaram Taluk Thiruvallure District 3 The District Revenue Officer Thiruvallure Thiruvallure District.
2 ccs to Government Pleader, Sr. 28115, 28120 2 ccs to Mr.M.Kamalanathan, Advocate, Sr. 27536 W.P.Nos.16156 and 16180 of 2015 LRS (CO) kk 22/6