Madras High CourtWP/16204/2015disposed of

Thimmakka v. The Sub Collector

2015-06-09Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-06-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.16204 of 2015 Thimmakka .. Petitioner vs 1.The Sub Collector Hosur 635 109 Krishnagiri District 2.The Tahsildar Hosur Taluk Krishnagiri District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to consider the petitioner's representation dated 7.4.2015, for cancelling the subdivisions made in Survey No.479/1D to an extent of 44 cents instead of 68 cents situated at Gobanapalli Village, Hosur Taluk, Krishnagiri District and issue patta to the petitioner to an extent of 68 cents in Survey No.479/1D, within a stipulated time.

For Petitioner : Mr.R.Bharathkumar For Respondents : Mr.V.Subbiah Special Government Pleader

ORDER

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

2.The petitioner claims that she purchased lands admeasuring to an extent of 0.16 cents comprised in Survey No.479/1D, and 0.36 cents comprised in Survey No.480/1B, of Gobanapalli Village, Krishnagiri District, by means of a registered sale deed dated 1.3.2001, (registered as Document No.336/2001, on the file of the Sub-Registrar, Keelamangalam) and had also purchased lands admeasuring to an extent of 0.52 cents in Survey No.479/1D and 0.73 cents in Survey No.480/1B, situated in the same Village, by means of another registered sale deed dated 25.8.2003, bearing Document No.1242/2003, registered on the file of the Sub-Registrar, Keelamangalam, for a valid consideration and claims to be in possession and enjoyment of the said lands as absolute owner. https://hcservices.ecourts.gov.in/hcservices/

3.The grievance now expressed by the petitioner, is that recently she went to the Office of the second respondent and came to know that the lands in Survey No.479/1D, had been subdivided as Survey No.479/1D1 and 479/1D2 and the said subdivision would disclose that 44 cents of land alone is available instead of 68 cents, and in this regard, the petitioner has submitted a representation dated 7.4.2015, to the first respondent and since she has not been favoured with any kind of response, came forward to file this writ petition. 4.Heard the submissions of the learned Counsel appearing for the petitioner, and Mr.V.Subbiah, learned Special Government Pleader, who accepted notice for the respondents. 5.

This Court, taking into consideration the limited scope of prayer sought for by the petitioner, and without going into the merits of the representation, directs the first respondent to consider and dispose of the petitioner's representation dated 7.4.2015, in accordance with law, after putting on notice, the concerned persons, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned. The writ petition is disposed of accordingly. No costs. Nsv Sd/- Asst.Registrar /true copy/ Sub Asst.

1.The Sub Collector Hosur 635 109 Krishnagiri District 2.The Tahsildar Hosur Taluk Krishnagiri District +1cc to Mr.R.Bharath kumar Sr.27611 +1cc to Government Pleader Sr.28083 W.P.No.16204 of 2015 TM(CO) RVR 01/07/2015 https://hcservices.ecourts.gov.in/hcservices/