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Madras High CourtWP/18001/2021disposed of

Mrs.R.Nandhini, v. The District Revenue Officer,

2021-08-27Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2021

CORAM:

THE HONOURABLE Mrs. JUSTICE V. BHAVANI SUBBAROYAN W.P. No. 18001 of 2021 R.Nandhini .. Petitioner

Versus

1.The District Revenue Officer, Tirupattur District, Tirupattur.

2.The Tahsildar, Vaniyambadi Taluk, Tirupattur District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner representation dated 09.07.2021 for grant of patta to petitioner's house site situated in New Settlement Survey Ward G, Block 5, New T.S. No.6 / 2B2 measuring an extent of 1560 sq.feet of Perumal Pettai New Street, B/2 division 5th ward, Vaniyambadi Taluk, Amburpettai Village, Tirupattur District. For Petitioner : M/s. T.Dharani For Respondents : Mr. Yogesh Kannadasan Government Advocate O R D E R This writ petition is filed for issuing a writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 09.07.2021, for grant of patta to petitioner's house site situated in New Settlement Survey Ward G, Block 5, New T.S. No.6 / 2B2 measuring an extent

of 1560 sq.feet of Perumal Pettai New Street, B/2 division 5th ward, Vaniyambadi Taluk, Amburpettai Village, Tirupattur District.

2. The case of the petitioner is that one Kavitha W/o. D.Rajendran, executed a sale deed in favour of petitioner for a house site situated in New Settlement Survey Ward G, Block 5, New T.S. No.6/2B2, measuring an extent of 1560 sq.ft. of Perumal Pettain New street, B/2 Division 5th Ward, Vaniyambadi Taluk, Amburpettai Village, Tirupattur District, and the same was registered in the office of Sub-Registrar, Vaniyambadi, vide Doc. No.5630/2019, dated 06.09.2019. Since then the petitioner was in possession and enjoyment of the house site. The admitted layout was approved by the Deputy Director of Town and Country Planning, Vaniyambadi and the same has been made as house site. The petitioner made a representation on 27.11.

2019, to the respondents, for granting patta in her favour by taking into consideration of her long and continuous possession. The grievance of the petitioner is that though sale deed was executed in favour of the petitioner, patta has not been granted for her. Hence, she again made a representation dated 09.07.2021, to the respondents and the same was not considered. Aggrieved by the same, the petitioner filed this present Writ Petition.

3. Learned counsel for the petitioner submitted that sale deed for the said property was executed in favour of the petitioner and the layout was also approved by the Deputy Director of Town and Country Planning, Vaniyambadi. Hence, the petitioner is entitled for grant of patta. Therefore, he prays to direct the respondent to consider the representation of the petitioner dated 09.07.2021.

4. Learned Government Advocate appearing for the respondents submitted that considering the representation would not arise at this juncture and the petitioner shall apply only through online.

5. In view of the submission made, this Court is of the view that the petitioner shall apply for grant of patta through online portal specified for that purpose. Since the petitioner has not made any application for grant of patta through online, liberty is granted for the petitioner to file an online

application within a period of two weeks from the date of receipt of copy of this order and from receiving the application, the respondents are directed to consider the same and pass orders, on merits and in accordance with law, within a period of six months, from the date of receipt of copy of that application.

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

Sd/- Assistant Registrar (CS-VII) // True Copy // Sub Assistant Registrar bkn To 1.The District Revenue Officer, Tirupattur District, Tirupattur.

2.The Tahsildar, Vaniyambadi Taluk, Tirupattur District.

+1CC to M/s.T.Dharani, Advocate, SR.No. 43236 +1CC to The Government Pleader, SR.No. 43647 W.P. No. 18001 of 2021 SSD(CO) B.VC (25/10/2021)