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Madras High CourtWP/17897/2021disposed of

S.Punithamala v. The Tahsildar

2021-08-26Honourable Mrs Justice V.Bhavani Subbaroyan2 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.17897 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 06.08.2021 seeking demarcation of the property in her name with respect to the property situated at 37, Koonankaranai Village, Cheyyur Taluk, Chengalpattu District in Survey No.247/17 admeasuring to extent of 5 cents (2180 square feet) comprised in Patta No.548.

For Petitioner : Mr. K. Thilagaraj For Respondent : Mr. Yogesh Kannadasan, Government Advocate.

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, direction to the respondent to dispose on the petitioner's representation dated 06.08.2021, seeking demarcation of the property in the petitioner's name with respect to the property situated at No.37, Koonankaranai Village, Cheyyur Taluk, Chengalpattu District, in Survey No.247/17 admeasuring to an extent of 5 cents (2180 square feet) comprised in Patta No.548.

2. The case of the petitioner is that the property situated at No.37, Koonankaranai Village, Cheyyur Taluk, Chengalpattu District, in Survey No.247/17 admeasuring to an extent of 5 cents (2180 square feet) comprised in Patta No.548, belonged to the petitioner's mother viz., S.Ramani, W/o.Sekar, as she purchased through sale deed vide Doc.No.2776/2002 on the file of Sub Registrar Office, Chithamur, from one Selvarangan and Yuvaraj. Subsequently, her mother has been in possession of the same, thereafter, she executed a settlement deed dated https://hcservices.ecourts.gov.in/hcservices/

06.07.2020 vide in Doc.No.1171/2020, on the file of SRO, Chithamur in the petitioner's name, in turn, the same has been acted upon. Moreover, all the Revenue records stood in the petitioner's name now itself. After the execution of sale deed, the aforesaid survey number has been sub divided as Survey No.247/17B from Survey No.247/17.

Following this, the petitioner made a representation before the respondent dated 06.08.2021 to demarcate the petitioner's property, but no action has been taken on the petitioner's representation by the respondent. Hence, the petitioner has come forward with the present writ petition under Article 226 of the Constitution of India.

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 06.08.2021 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 06.08.2021 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and respondents 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 To The Tahsildar, Cheyyur Taluk, Chengalpattu District.

+1CC to Mr.G.Mageshkumar, Advocate, Sr.No.42893 +1CC to Government Pleader, Sr.No.43656 W.P.No.17897 of 2021 GPL (CO) K.RK. (20.09.2021) https://hcservices.ecourts.gov.in/hcservices/