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Madras High CourtWP/10997/2022disposed of

N.Dhanalakshmi v. The Revenue Divisional Officer

2022-04-27Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022

CORAM:

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P. No.10997 of 2022 N.Dhanalakshmi

...Petitioner

Versus

1.The Revenue Divisional Officer, Tiruthanai, 2.The Tahsildar, R.K. Pettai 3.Zonal Deputy Tahsildar, Thasildar Office, R.K. Pettai, 4.M.Amutha

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 to 3 to transfer patta into petitioner's name, situated at Peddanagapudi Village Tiruvallur Taluk R.K. Pet, Tiruvallur District in pursuance to the online application bearing No.2021/0103/01/248346 dated 13.12.2021.

For Petitioner :

Mr.L.P. Shanmugasundaram For Respondents :

Mr.Yogesh Kannadasan Spl. Govt. Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to transfer patta into petitioner's name, situated at Peddanagapudi Village Tiruvallur Taluk R.K. Pet, Tiruvallur District in pursuance to the online application bearing No.2021/0103/01/248346 dated 13.12.2021.

2. The case of the petitioner is that originally the petitioner's husband is the owner of the disputed property and thereafter, he executed a registered Settlement Deed dated

09.12.2016 vide Document No.2589 of 2016 on the file of Sub Registrar Office, Tiruvallur District in favour of the petitioner and thereby, the petitioner is in enjoyment of the said property without any hindrance. Subsequently, she made an application before the 2 and 3rd respondents for issuance of separate patta and accordingly, she paid the necessary requisite fee also. However, till date, no order has been passed. Hence, the petitioner has filed the present Writ Petition.

3. Learned counsel for the petitioner submitted that even though the 4th respondent, who is the sister-in-law of the petitioner has submitted her no objection, the official respondents did not evoke any response to the petitioner's representation. Hence, he submits that it would suffice, if this Court issues direction to the respondents 1 to 3 to consider the petitioner's representation dated 13.12.2021 and pass orders on the same, within a particular time frame that may be fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents has no objection for the said order being passed.

5. 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 13.12.2021 and pass appropriate orders on merits and in accordance with law, after affording opportunity to the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar vsi2 To 1.The Revenue Divisional Officer, Tiruthanai, 2.The Tahsildar, R.K. Pettai

3.Zonal Deputy Tahsildar, Thasildar Office, R.K. Pettai, +1cc to Mr.L.P.Shanmuga Sundaram, Advocate SR. No. 29361 +1cc to Government Pleader SR. No. 30446 W.P. No.10997 of 2022 JPL (CO) PR (26/05/2022)