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Madras High CourtWP/18180/2024disposed of

K.Mercy, v. The Revenue Divisional Officer,

2024-07-30Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR K.Mercy .. Petitioner Vs 1.The Revenue Divisional Officer O/o.The Revenue Divisional Officer Tambaram, Chennai 2.The Tahsildar O/o.The Tahsildar Vandalur Taluk Chengalpet District 3.The Revenue Inspector (Guduvancherry) O/o.The Tahsildar Vandalur Taluk Chengalpet District ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent to comply with the orders of the 1st respondent vide proceedings Muu.Mu.4378/2015/A dated 14.03.2023 and grant/issue patta to the petitioner for the property situated at No.5, Plot No.98, Kanniyappa Nagar, comprised in S.No.30/1, Guduvancerry Village, Guduvancherry Sub Taluk, Chengalpet Taluk, Kanchipuram District, 1/4

admeasuring to an extent of 2604 sq.ft.

For Petitioner Ms.Malarvizhi Udayakumar For Respondents Mr.S.Jayachandran Government Advocate

O R D E R

This writ petition has been filed seeking the following relief : "Issuance of a writ of mandamus directing the 2nd respondent to comply with the orders of the 1st respondent vide proceedings Muu.Mu.4378/2015/A dated 14.03.2023 and issue patta to the petitioner for the property situated at No.5, Plot No.98, Kanniyappa Nagar, comprised in S.No.30/1, Guduvancerry Village, Guduvancherry Sub Taluk, Chengalpet Taluk, Kanchipuram District, admeasuring to an extent of 2604 sq.ft."

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials placed on record.

3. It is the case of the petitioner that she had purchased plot No.98 situated at No.5, Kanniyappa Nagar, comprised in S.No.30/1, Guduvancerry Village, Guduvancherry Sub Taluk, Chengalpet Taluk, Kanchipuram District, admeasuring to an extent of 2604 sq.ft. vide Sale Deed dated 10.03.2014 and applied for grant of patta; however, patta was not granted to her; therefore, her 2/4

husband filed a petition before the 1st respondent on 11.06.2015; the 1st respondent, by proceedings dated 14.03.2023, directed the 2nd respondent to remove the names of Thiyagarajan and Sathish and issue patta in the name of the petitioner; since the said order has not been implemented by the 2nd respondent, the petitioner has filed this writ petition.

4. The learned Government Advocate appearing for the respondents, on instructions, submitted that as against the order of the 1st respondent dated 14.03.2023, the affected parties viz., Thiyagarajan and Sathish have filed a revision before the District Revenue Officer on 18.03.2023 and the same is pending and at this stage, the petitioner's request cannot be considered.

5. In view of the above, let the revision shall be disposed of on merits by the District Revenue Officer and in the event of the revision getting dismissed, the 2nd respondent shall implement the orders passed by the 1st respondent, within a period of three months after the dismissal of the revision. If the affected parties succeeds in the revision, the petitioner cannot seek a direction as against the respondent authorities. With the above observation and direction, this writ petition is disposed of. No costs.

30.07.2024 gya 3/4

Index : Yes/No N.SATHISH KUMAR, J.

gya To 1.The Revenue Divisional Officer O/o.The Revenue Divisional Officer Tambaram, Chennai 2.The Tahsildar O/o.The Tahsildar Vandalur Taluk Chengalpet District 3.The Revenue Inspector (Guduvancherry) O/o.The Tahsildar Vandalur Taluk Chengalpet District 30.07.2024 4/4