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Madras High CourtWP/38667/2015injunction made absolute

Tmt.C.Pazhaniammal v. Revenue Divisional Officer

2015-12-09Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.12.2015

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P. No.38667 of 2015 C.Pazhaniammal ... Petitioner vs.

1. The Revenue Divisional Officer, Attur, Salem District.

2. The Tahsildar, Gangavalli Taluk, Gangavalli, Salem District.

... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of a writ of mandamus, directing the second respondent to issue Patta in favour of the petitioner in respect of 0.80 cents in Survey No.412/4 and S.No.412/5 in Nagiyampatti Village, Gangavalli Taluk, Salem District, by considering the petitioner's representation dated 30.10.2015.

For Petitioner :

Mr.C.Vediappan for M/s.C.S.Associates For Respondents :

Mr.P.Sanjay Gandhi, Additional Government Pleader

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. Based upon the sale deed, executed in respect of the property, situated in Survey Nos.412/4 and 412/5 at Nagiyampatti Village, Gangavalli Circle, Salem District, the petitioner has sought for transfer of Patta in her name. As the said request has not been considered, despite the representation, having been made by the petitioner to the second respondent, on 30.10.2015, the present writ petition has been filed.

3. Though the petitioner has sought for a larger relief, the question of issuance of a Patta is the matter to be considered by the second respondent, based upon the available materials. Thus, the said https://hcservices.ecourts.gov.in/hcservices/

authority is directed to pass appropriate orders on the pending representation of the petitioner, dated 30.10.2015, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and third parties if any, within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

dn/ogy Sd/- Assistant Registrar (CS-V) /True Copy/ Sub-Assistant Registrar To

1. The Revenue Divisional Officer, Attur, Salem District.

2. The Tahsildar, Gangavalli Taluk, Gangavalli, Salem District.

+1 C.C. To MR.C.S.Associates in Sr.No.66179 +1 C.C. To The Government Pleader in Sr.No.66260 W.P.No.38667 of 2015 RSK(CO) sd : 22/12/2015 https://hcservices.ecourts.gov.in/hcservices/