M.Iyyammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN WP.No.16788/2021 [Video Conferencing] M.Iyyammal

...Petitioner

Versus

1. The District Collector Salem, Salem District.

2. The Revenue Divisional Officer Salem District.

3. The Tahsildar Salem West, Suramangalam, Salem.

...Respondents

Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 3rd respondent to issue patta in favour of her property to an extent of 400 sq.ft., comprised in S.No.75/8 [part] situated at Mallamoopampatty Village, Salem District, by considering the petitioner's representation dated 24.04.2021. For Petitioner :

Mr.N.Vijaya Basker for Law Vision For Respondents :

Mr.Yogesh Kannadasan Government Advocate

ORDER

(1) Mr.Yogesh Kannadasan, learned Government Advocate accepts notice on behalf of the respondents.

(2) The petitioner had given a representation on 24.04.2021 to the 3rd respondent/Tahsildar, Salem West, Suramangalam, Salem District, with respect to the property measuring an extent of 400 sq.ft., in S.No.75/8 [Part] at https://hcservices.ecourts.gov.in/hcservices/

Mallamoopampatty Village, Salem.

The said property originally belonged to Ponnusamy, Arumugam and Shantha, who had sold the same to one R.Mani by way of a registered Sale Deed on 22.06.1994 and in turn, the said R.Mani had sold the property to the petitioner herein by a Sale Deed registered as Doc.No.760/2011 dated 04.02.2011. The petitioner claimed that that the patta still stands in the name of the erstwhile owner and claiming change in the name of the patta, she had given a representation on 24.04.2021 to the 3rd respondent/Tahsildar, Suramangalam, Salem District. However, the said respondent had not taken any steps with respect to the said representation necessitating the petitioner to approach this Court by way of a writ of mandamus.

(3) A mandamus is issued to the 3rd respondent to consider the petitioner's representation dated 24.04.2021, invite the petitioner for a discussion, examine the revenue records and thereafter, after personal satisfaction, issue / grant patta to the petitioner, if the records are otherwise in order. The 3rd respondent may endeavour to complete the entire process within a period of twelve weeks from the date of receipt of a copy of this order.

(4) The writ petition stands allowed accordingly. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar AP To

1. The District Collector, Salem, Salem District.

2. The Revenue Divisional Officer, Salem District.

3. The Tahsildar, Salem West, Suramangalam, Salem.

+1cc to M/s.Government Pleader, S.R.No.40355 WP.No.16788/2021 CNR(CO) RGA(02/09/2021) https://hcservices.ecourts.gov.in/hcservices/