D.Kuchalakumari, v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21-07-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.21707 of 2015 D.Kuchalakumari .. Petitioner vs

1. The Tahsildar Arakkonam Taluk Arakkonam Vellore District

2. The Commissioner Arakkonam Municipality Arakkonam, Vellore District

3. G.Lalitha Bai .. 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 application dated 12.6.2015, after issuing notice to the third respondent, on merits and in accordance with law to issue patta in favour of the petitioner. For Petitioner : Mr.P.Krishnan For Respondent : Mr.R.A.S.Senthilvel Additional Government Pleader for R1 Mr.R.Govindasamy Additional Government Pleader for R2

ORDER

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

2.The petitioner would state that she has purchased a landed property admeasuring to an extent of 1560 square feet, 65 feet of east and west and 24 feet of north and south, in Old T.S.No.84/3, New T.S.No.35, Ward B, Block 3, Ganesh Nagar, Arakkonam Town, Vellore District, by mans of a registered sale deed dated 11.4.1993, bearing Document No.493/1993, on the file of the Office of the Sub-Registrar II, Arakkonam, and she also purchased other items of properties in Old Survey Nos.244/1B1, 244/2 and 253 situated at Arakkonam. The petitioner claims that she is in possession and enjoyment of the https://hcservices.ecourts.gov.in/hcservices/

properties and has decided to put up a superstructure and in this regard, approached the concerned authority for planning permission and they insisted for patta and therefore, she approached the jurisdictional Village Administrative Officer, who informed her that the patta stands in the name of the third respondent, and the petitioner in this regard, submitted an application for change of patta to the jurisdictional Revenue Divisional Officer, who in turn, forwarded the same to the first respondent for appropriate action and since no orders have been passed, she came forward to file this writ petition.

3.Heard the submissions of the learned Counsel appearing for the petitioner, Mr.R.A.S.Senthilvel, learned Additional Government Pleader, who accepted notice on behalf of the first respondent, and Mr.R.Govindasamy, who accepted notice on behalf of the second respondent.

4.This Court, taking into consideration the limited scope of prayer sought for by the petitioner, and without going into the merits of the same, directs the first respondent to consider and dispose of the petitioner's application/representation dated 12.6.2015, in accordance with law, after putting on notice, the third respondent, within a period of six 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 third respondent. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To:

1. The Tahsildar Arakkonam Taluk Arakkonam Vellore District

2. The Commissioner Arakkonam Municipality Arakkonam, Vellore District +1cc to Mr. P.Krihnan Advocate SR 36821 +1cc to the above Government Pleader SR 37013 W.P.No.21707 of 2015 VP (CO) RS 10.08.2015 https://hcservices.ecourts.gov.in/hcservices/