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Madras High CourtWP/15118/2021disposed of

V.Valarmathi v. The Tahsildar,

2021-07-22Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No. 15118 of 2021 V. Valarmathi

...Petitioner

Vs

1. The Tahsildar, Andimadam Taluk, Ariyalur District.

2. R.Saraswathi

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to complete the enquiry and pass an order in Na.Ka.No.2/2064/2020 dated 22.12.2020.

For petitioner ...

Mr. R.S.Selvam For respondents ...

Mr. Yogesh Kannadasan Government Advocate for R1

ORDER

This writ petition has been filed seeking a direction to the first respondent to complete the enquiry and issue patta in favour of the petitioner.

2. According to the petitioner, her husband one Venugopal is the owner of the property in S.No.281/7, in Varadharajanpettai Village, Andimadam Taluk, Ariyalur District. There is a civil dispute between the petitioner and the 2nd respondent and a suit in O.S.No.145 of 2020 is pending before the District Munsif Court, Jayankondam. In the meantime. the first respondent, without any notice to the petitioner, issued patta in the name of the 2nd respondent. Hence, the petitioner approached the first respondent to cancel the patta executed in favour of the 2nd respondent and issue patta in the name of the petitioner and her legal heirs. Based on that, the first respondent called for enquiry on 12.01.2021 and the petitioner https://hcservices.ecourts.gov.in/hcservices/

also appeared for enquiry and thereafter, no order has been passed, so far. Hence, the present writ petition has been filed.

3. In view of the nature of the order going to be passed in the writ petition, which no way prejudice the interest of the 2nd respondent, notice to the 2nd respondent is dispensed with.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the first respondent.

5. Considering the facts and circumstances of the case and considering limited prayer sought for in the writ petition, and also the fact that already enquiry has been commenced, the first respondent is directed to proceed with the enquiry and pass suitable orders, on merits and in accordance with law, after giving opportunity to the petitioner as well as the 2nd respondent and other interested parties, if any, within a period of twelve (12) 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 III) //True Copy// Sub Assistant Registrar mrp To The Tahsildar, Andimadam Taluk, Ariyalur District.

+1cc to Mr.R.S.Selvam, Advocate, S.R.No.34818 +1cc to the Government Pleader, S.R.No.35323 W.P. No. 15118 of 2021 SRA(CO) RGA(18/08/2021) https://hcservices.ecourts.gov.in/hcservices/