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Madras High CourtWP/14932/2022disposed of

T.Senthamarai v. The District Collector

2022-06-15Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.06.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.14932 of 2022 T.Senthamarai

...Petitioner

Vs.

1. The District Collector, Office of the Collectorate, Kallakurichi Taluk and District.

2. The Tahsildar, Office of the Taluk Office, Kallakurichi Taluk and District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to survey and demarcate the boundary of the petitioner's land comprised in Survey No.147/2 admeasuring an extent of 1 Acre 37 Cents situated at Thyagai Village, Kallakurichi Taluk, Villupuram District based on the fee remitted on 19.10.2020 and issue separate patta in the name of the petitioner within the time frame as fixed by this Court.

For Petitioner : Mr.D.Babu Varadharajan For Respondents : Mr.P.Sathish Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents herein to survey and demarcate the boundary of the petitioner's land comprised in Survey No.147/2 admeasuring an extent of 1 Acre 37 Cents situated at Thyagai Village, Kallakurichi Taluk, Villupuram District based on the fee remitted on 19.10.2020 and issue separate patta in the name of the petitioner within the time frame as fixed by this Court.

2. The case of the petitioner is that she is the owner of the aforesaid property, which was registered through a settlement deed, dated 26.10.2005, vide Document No.1761 of 2005, on the file of Sub Registrar, Thiyagadururam. Subsequent to the execution of the settlement deed, the petitioner is cultivating and enjoying the said land without any hindrance. While so, the petitioner made several representations with regard to grant of patta in her favour, however, no response on the part of the respondents. Again, the petitioner made representation dated 19.10.2020 before the first respondent, seeking transfer of Patta and sub-divide the aforesaid land by paying necessary fees along with necessary documents. As the said representation made by the petitioner has evoked no response from the respondents, the petitioner has filed the present Writ Petition.

3. The learned counsel for the petitioner submitted that it would suffice, if this Court, issues direction to the second respondent/Tahsildar to consider the petitioner's representation dated 19.10.2020 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents has no objection for 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 second respondent to consider the petitioner's representation dated 19.10.2020 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

s/d- Assistant Registrar True Copy Sub-Assistant Registrar jd

To

1. The District Collector, Office of the Collectorate, Kallakurichi Taluk and District.

2. The Tahsildar, Office of the Taluk Office, Kallakurichi Taluk and District.

+1 CC to The Government Pleader sr 35925.

W.P. No.14932 of 2022 SKM(CO) SP(01/07/2022)