A.Shahitha v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.10640 of 2022 A.Shahitha ... Petitioner Vs.

1. The Tahsildar, Pappireddypatti Taluk, Dharmapuri District.

2. The Taluk Head Surveyor, Pappireddypatti Taluk, Dharmapuri District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.12.2021 and thereby direct the respondents to measure the property situated in Survey No.324/4, Molaiyanoor Village, Pappireddypatty, Dharmapuri District to an extent of 80 cents, by erecting milestones and issue Patta in the name of petitioner. For petitioner :

Mr.S.Sugumar For Respondents :

Mr.R.P.Murugan Raja Government Advocate

ORDER

The petitioner has filed this petition seeking direction to the respondents to consider the petitioner's representation dated 15.12.2021 and thereby direct the respondents to measure the property situated in Survey No.324/4, Molaiyanoor Village, Pappireddypatty, Dharmapuri District to an extent of 80 cents, by erecting milestones and issue Patta in her name.

2. Mr.R.P.Murugan Raja, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that, the petitioner is the owner of the property comprised in S.No.324/4, measuring an extent of 80 cents, situated at Molaiyanoor village, Pappireddypatty, Dharmapuri District. The petitioner had acquired the property by a registered Sale Deed dated 27.11.1975, in Doc.No.1733 of 1975 on the file of SRO, Pappireddypatty, Dharmapuri District. Hence, the petitioner made a representation dated 15.12.2021, before the respondents to measure the property and issue the Patta in favour of the petitioner. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 15.12.2021 within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 15.12.2021 will be considered by the respondents within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 15.12.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar tri

To

1. The Tahsildar, Pappireddypatti Taluk, Dharmapuri District.

2. The Taluk Head Surveyor, Pappireddypatti Taluk, Dharmapuri District.

+1cc to Mr.S.Sugumar, Advocate, S.R.No.28455 +1cc to the Government Pleader, S.R.No.29667 W.P.No.10640 of 2022 AK-II(CO) SU(17/05/2022)