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Madras High CourtWP/11965/2018disposed of

Mrs.R.Devi, v. The Revenue Divisional Officer

2021-04-15Honourable Mr Justice R. Suresh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2021

CORAM

THE HON'BLE MR.JUSTICE R. SURESH KUMAR Writ Petition No.11965 of 2018 Mrs. R.Devi ...

Petitioner -VsThe Revenue Divisional Officer, Maduranthakam Taluk, Kancheepuram District.

...

Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to consider the petitioner representation dated 10.04.2018 and pass orders by granting patta for an extent of 7 1⁄2 cents in S.No.314/1 of Malai Nagar, Acharappakkam Village, Maduranthakam Taluk, Kancheepuram District.

For Petitioner : Mr.V.Viswanathan For Respondent : Mr.N. Inbanathan, Additional Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus to direct the respondents to consider the petitioner representation dated 10.04.2018 and pass orders by granting patta for an extent of 7 1⁄2 cents in S.No.314/1 of Malai Nagar, Acharappakkam Village, Maduranthakam Taluk, Kancheepuram District.

2. The grievance of the petitioner is that in respect of the land situated at S.No.314/1, Malai Nagar, Acharappakkam Village, Maduranthakam Taluk, Kancheepuram District, the petitioner has sought for a patta from the respondent and in this regard she has given a representation to the respondent on 10.04.2018. Since the same has not been considered and no patta has been issued, the petitioner has approached this Court with this writ petition.

2. Heard Mr.V.Viswanathan, learned counsel appearing for the petitioner who has reiterated the aforesaid facts and seeks the indulgence of this Court for a direction to the respondent to consider the representation of the petitioner and pass appropriate orders.

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3. However, Mr.N.Inbanathan, learned Additional Government Pleader appearing for the respondent would submit that, the land in question said to have been purchased by the petitioner is a Meikkaal Poramboke land and therefore there could be objection that as per the the Government Order, patta cannot be issued.

4. Be that as it may. It is for the respondent to decide whether the petitioner is entitled to get patta for the land in question and if at all the petitioner is entitled to get patta, it can be considered. Otherwise, citing plausible reasons for rejection of the representation of the petitioner, proceedings can be issued, whereby the request of the petitioner can be disposed of.

5. Accordingly, considering the submissions made by the learned counsel for the petitioner as well as the learned Additional Government Pleader, this Court is inclined to dispose of this writ petition with the following order.

6. There shall be a direction to the respondent to consider and pass orders on the representation dated 10.04.2018 submitted by the petitioner after giving an opportunity of being heard and if the petitioner is not able to satisfy the respondent that he is entitled to get patta, it is open to the respondent to decide accordingly on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. With these directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar KST To The Revenue Divisional Officer, Maduranthakam Taluk, Kancheepuram District.

+1 cc to Mr.V.Viswanathan, Advocate Sr.No. 23289 +1 cc to The Government Pleader Sr.No. 23105 W.P.No.11965 of 2018 PMK(CO) RMP(30/04/2021) https://hcservices.ecourts.gov.in/hcservices/