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Madras High CourtWP/17894/2021disposed of

S.Punithamala v. The Tahsildar

2021-08-26Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.17894 of 2021 S.Punithamala

...Petitioner

Versus

The Tahsildar, Cheyyur Taluk, Chengalpattu District.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to dispose within time frame the petitioner representation dated 13.11.2020 seeking demarcation of the property in her name with respect to the property situated at No.37, Koonankaranai Village, Cheyyur Taluk, Chengalpattu District in Survey No.243/3I, admeasuring to an extent of 54 cents comprised in Patta No.535.

For Petitioner :

Mr. K. Thilagaraj For Respondent :

Mr. Yogesh Kannadasan, Government Advocate.

ORDER

This writ petition is filed for issuance of direction to the the respondent herein to dispose within time frame the petitioner representation dated 13.11.2020 seeking demarcation of the property in her name with respect to the property situated at No.37, Koonankaranai Village, Cheyyur Taluk, Chengalpattu District in Survey No.243/3I, admeasuring to an extent of 54 cents comprised in Patta No.535.

2. According to the petitioner, the property situated at No.37, Koonankaranai Village, Cheyyur Taluk, Chengalpattu

District in Survey No.243/31, admeasuring to an extent of 54 cents comprised in Patta No.535 belonged to her mother viz., S.Ramani, W/o. Sekar, as she got settlement deed from her father Mr.Sellapillai vide settlement deed dated 01.03.2001 in Document No.171/2001, on the file of SRO, Chithamur. Subsequently, her mother has been in possession and then, she executed settlement deed dated 06.07.2020 in Document No.1172/2020, SRO, Chithamur in favour of the petitioner, in turn, the same has been acted upon, consequently, Patta No.535 has been mutated in favour of the petitioner. Though the petitioner made a representation dated 13.11.2020 before the respondent to demarcate of the above-said property, but no steps was taken by the respondent herein based on the petitioner's representation 13.11.2020. Hence, the petitioner has come forward with the present writ petition before this Court.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondent to consider the petitioner's representation dated 13.11.2020 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 or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondent to consider the petitioner's representation dated 13.11.2020 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CS-IV) // True Copy // Sub Assistant Registrar msm

To The Tahsildar, Cheyyur Taluk, Chengalpattu District.

+1cc to M/s.G.Magesh Kumar, Advocate SR.No.42892 +1cc to the Government Pleader SR.No.43655 W.P.No.17894 of 2021 JP-II(CO) RVM(27/09/2021)