Selina Selvam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Selina Selvam ... Petitioner

Versus

1. The District Collector, Tiruvallur District Tiruvallur.

2. The Tahsildar Ambattur Taluk Office Ambattur, Thiruvallur District.

3. The Taluk Head Surveyor Ambattur Taluk Office Ambattur, Thiruvallur 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 representation dated 10.03.2022 and thereby direct the respondents to measure the petitioner property and erect the mile stone and issue a separate patta, village natham in Survey No. 69, Ambedkar 1/4

Street, Orakadam Village and Colony, No.21, Ambattur Municipality, Ambattur Taluk, Tiruvallur District totally measuring to an extent of 2800 sqft.

For Petitioner : Mr. B. Sundarapandiyan For Respondents : Ms. G. Krishnaraja Additional Government Pleader ---

O R D E R

This Writ Petition is filed for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.03.2022 and for consequential direction to the respondents to measure the petitioner's property and erect the mile stone and issue separate patta, Village Natham comprised in Survey No. 69, Ambedkar Street, Orakadam Village and Colony, No.21, Ambattur Municipality, Ambattur Taluk, Tiruvallur District measuring a total extent of 2800 sqft.

2. The case of the petitioner is that the property is an ancestral property. After the death of her parents, the petitioner and her sisters came to the conclusion to partition the aforesaid property into three equal shares 2/4

in the said property. Apart from that, the Encumbrance Certificate issued by the Registration Department, it is clearly shows that the petitioner and her sisters are in absolute possession and enjoyment of the said property. Now, the petitioner herein gave a representation along with necessary documents before the respondents on 10.03.2022 requesting to measure the subject property. Till date, the respondents have not taken any steps on the petitioner's representation dated 10.03.2022. Therefore, the petitioner has come forward with the present writ petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 10.03.2022 and dispose of the same within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation, the Writ Petition is disposed of, with a direction to the respondents to consider the petitioner's 3/4

representation dated 10.03.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner and aggrieved persons if any within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 30.06.2022 msm Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To

1. The District Collector, Tiruvallur District, Tiruvallur.

2. The Tahsildar Ambattur Taluk Office Ambattur, Thiruvallur District.

3. The Taluk Head Surveyor Ambattur Taluk Office Ambattur, Thiruvallur District.

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M.DHANDAPANI, J.

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