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Madras High CourtWP/16249/2016disposed of

Mrs. A. Rajeswari v. The Tahsildar

2016-04-28Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.16249 of 2016 A.Rajeswari ..Petitioner Vs.

1.The Tahsildar, Tahsildar Office, Gingee Taluk, Villupuram District.

2.The Taluk Surveyor, Land Survey Office, Gingee Taluk, Villupuram District.

..Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 23.12.2015 to measure the petitioner's property and fix boundary stones for issuance of sub-division patta.

For Petitioner : Mr.N.Edwin Jeyakumar For Respondents : Mr.M.Dig Vijaya Pandian, Addl.Govt.Pleader

ORDER

The petitioner has come up with the present writ petition for a mandamus, directing the respondents to consider and pass orders on her representation dated 23.12.2015 with regard to measure her property and fix boundary stones for issuance of sub-division patta.

2. The case of the petitioner is that she had purchased the property from one Rathinammal W/o.Munirathinam on 28.02.1997 by a registered sale deed bearing Document No.201/97 on the file of Gingee Sub Registrar, Villupuram District. In the year 2005, she purchased another vacant land from one Sivaganga W/o.Hariputhira Gounder by a registered document bearing No.344/2005 dated 07.03.2005 in respect of S.No.201/2 in Gingee Taluk, Tindivanam, Villupuram District. Thereafter, she has been in possession and enjoyment of the said properties along with her family. However, no patta was issued to her, even after https://hcservices.ecourts.gov.in/hcservices/

several requests made by the petitioner. Hence, she made a representation dated 23.12.2015 to the first respondent, requesting to measure her properties and fix the boundary stones and issue patta in her favour and the said representation is still pending without any progress. Therefore, the petitioner has filed the present writ petition for the above stated relief.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader, who took notice for the respondents.

4. Considering the limited nature of the relief sought for herein, this Court directs the first respondent to consider the representation of the petitioner dated 23.12.2015, by affording an opportunity of personal hearing to the petitioner as well as to all the necessary parties, if any and pass appropriate orders. It is made clear that this Court is not expressing any opinion with regard to the merits of the claim made by the petitioner and it is for the first respondent to pass appropriate orders purely on merits and in accordance with law. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of accordingly. No costs.

rk Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Tahsildar, Tahsildar Office, Gingee Taluk, Villupuram District.

2.The Taluk Surveyor, Land Survey Office, Gingee Taluk, Villupuram District.

+ 1 cc to Mr.N.Edwin Jeyakumar, Advocate Sr 27547 + 1 cc to The Govt.Pleader, Sr 27431 KR/2/6/16 W.P.No.16249 of 2016 https://hcservices.ecourts.gov.in/hcservices/