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Madras High CourtWP/35610/2015disposed of

Mrs. Amudha, v. The Tahsildhar,

2015-11-27Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM:

THE HON'BLE MR.JUSTICE M.M.SUNDRESH W.P.No.35610 of 2015 Mrs.Amudha .. Petitioner vs.

1. The Tahsilar, Kovai North, Coimbatore District.

2. The Special Tahsildhar (L.A.), Housing Scheme Unit - II, Housing Board Office, Coimbatore.

3. Revenue Inspector, Saravanapatti Village, Coimbatore North Taluk, Coimbatore.

4. Village Administrative Officer, No.22, Kalapatti East Village, Coimbatore North Taluk, Coimbatore.

.. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the respondents 1, 3 and 4 to consider the representation of the petitioner dated 15.09.2015 and to issue patta in respect of Plot No.30 and 31 in Sridevi Avenue, comprised in Survey No.819/3, Kalapatti East Village, Coimbatore North Taluk, Coimbatore District in favour of the petitioner within time fixed by this Court.

For Petitioner :

Mr.K.Sukumaran For Respondents :

Mrs.P.Rajalakshmi, Government Advocate

O R D E R

The petitioner's vendor filed a writ petition in W.P.No.11149 of 2005, which was allowed by this Court on 31.03.2006, quashing the declaration under Section 6 of the Land Acquisition Act. The petitioner has purchased the property few days before the order passed by this Court.

2. Thereafter, the first respondent has initiated proceedings dated 13.06.2006 ordering reclassification of the land in Survey No.819/3 followed by transfer of patta in the names of the owners. Thereafter, the petitioner made a representation on 15.09.2015 seeking issuance of patta in her name in respect of Plot Nos.30 and 31 with an extent of 2400 sq.ft. in Survey No.819/3, Sridevi Avenue, Kalapatti Village (SRO, Gandhipuram), Coimbatore District.

3. Seeking direction to the respondent to pass appropriate orders on the representation, the present writ petition has been filed.

4. The above said facts would show that from the original owner, the petitioner has purchased the specific extent of land. The acquisition proceedings was quashed at the instance of the original owner. There is also a subsequent proceedings initiated by the respondent on 13.06.2006 ordering transfer of patta in the name of the original owner. Thus, in the light of the same, the first respondent is directed to pass appropriate orders on the representation of the petitioner dated 15.09.2015, after affording an opportunity to the petitioner as well as the original owner, within a period of eight weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed of accordingly. No costs.

Sd/ ASSISTANT REGISTRAR(CS-V) /TRUE COPY/ SUB-ASSISTANT REGISTRAR gg To

1. The Tahsilar, Kovai North, Coimbatore District.

2. The Special Tahsildhar (L.A.), Housing Scheme Unit - II, Housing Board Office, Coimbatore.

3. The Revenue Inspector, Saravanapatti Village, Coimbatore North Taluk, Coimbatore.

4. The Village Administrative Officer, No.22, Kalapatti East Village, Coimbatore North Taluk, Coimbatore.

+1 CC to MR.K.Sukumaran Advocate. SR.NO. 65045 + 1 cc to the Govt.Pleader, Sr 65253 (12/1/16) W.P.No.35610 of 2015 CO-SV JD 11/12/2015