A.Santhi @ Santhakumari v. The Revenue Divisional Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.16576 of 2020 A.Santhi @ Santhakumari
...Petitioner
.Vs.
1. The Revenue Divisional Officer, Revenue Divisional Office, Tambaram, Chennai.
2. The Tahsildar, Sholinganallur Taluk Office, No.3, 1st Street, Kumaran Nagar, Rajiv Gandhi Salai, Chennai.
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the second respondent to implement the first respondents order in proceedings No.Na.Ka.No.544/2016/a dated 16.03.2018 consequently, direct the second respondent to issue patta in favour of the legal heirs of the deceased Anandan in respect of the land and shop measuring an extent of 200 sq.ft. situated at Survey No.16/3 New S.No.157/2, door No.4/109, Palavakkam Village, East Coast Road, Chennai-600 041 within time limit stipulated by this Court.
For Petitioner : Mr.R.Subburaj For Respondents: Mr.G.Rajesh Government Advocate
O R D E R
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the second respondent to act upon the order passed by the first respondent in proceedings dated 16.03.2018, wherein the second respondent has been directed to issue patta in favour of the legal heirs of Late Anandan with respect to the subject property.
2. Heard Mr.R.Subburaj, learned counsel for the petitioner and Mr.G.Rajesh, learned Government Advocate appearing on behalf of respondents.
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3. The case of the petitioner is that the subject
property originally belonged to her husband. The further case of the petitioner is that her husband died on 21.01.2001 and after his demise, the petitioner and her children have succeeded to the property. It is stated that one Sekar had obtained a thoraya patta with respect to the subject property. Aggrieved by the same, an appeal was filed before the first respondent and the first respondent after hearing all the parties, passed an order on 16.03.2018, directing the second respondent to cancel the thoraya patta and to grant patta in favour of the legal heirs of Late Anandan. The grievance of the petitioner is that the second respondent has not acted upon the orders passed by the first respondent and hence, the present writ petition has been filed before this Court seeking for appropriate directions.
4. Taking into consideration the facts and circumstances of the case and also of the fact that the first respondent has already passed an order as early as on 16.03.2018 giving certain directions to the second respondent, there shall be a direction to the second respondent to conduct an enquiry in line with the orders passed by the first respondent and act upon the orders passed by the first respondent and pass necessary orders within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.
5. This Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To
1. The Revenue Divisional Officer, Revenue Divisional Office, Tambaram, Chennai.
2. The Tahsildar, Sholinganallur Taluk Office, No.3, 1st Street, Kumaran Nagar, Rajiv Gandhi Salai, Chennai.
W.P.No.16576 of 2020 rr ii (05/01/2021) https://hcservices.ecourts.gov.in/hcservices/