N.Subbulakshmi v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.12.2015

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH W.P. No. 39243 of 2015 1.

N. Subbulakshmi 2.

V. Dhanalakshmi 3.

S. Paripooranam 4.

P. Indirani ..Petitioners Vs.

1.

The Tahsildhar, Omalur Taluk, Omalur, Salem District.

2.

R. Palanisamy ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 1st respondent herein to consider the representation of the 1st petitioner dated 28.10.2013 seeking issue of patta to the petitioners with respect to the lands measuring 0.37.0 hectares comprised in S.No. 169/1, karrukkalvadi Village, Omalur Taluk, Salem District and pass necessary orders within the time that may be fixed by this Court.

For Petitioners::

Mr.P.Mani For Respondents::

Mr.V. Subbiah, Special Govt. Pleader for R1

O R D E R

The 1st petitioner made a representation dated 28.10.2013 to the 1st respondent for issuance of separate patta, in her favour as well as the other petitioners herein, who are her sisters, in respect of the lands measuring 0.37.0 hectares (92cents) in S.No. 169/1, Karrukkalvadi Village, Omalur Taluk, Salem District, which was allotted to them as per panchayat muchalika and partitioned subsequently, as per registered partition deed dated 01.07.2009. In the said representation, https://hcservices.ecourts.gov.in/hcservices/

the 1st petitioner has stated that she submitted a representation, in this regard, even as early as in the year 2010 and despite the fact that the 2nd respondent, who is none other than her brother, was enquired, no final orders were passed thereafter. As no action has been taken by the 1st respondent even on the subsequent representation of the 1st petitioner dated 28.10.2013, the present writ petition has been filed.

2.

Considering the limited scope of the relief sought, without going into the merits of the case, the writ petition is disposed of as hereunder:

"The petitioner shall forward another copy of the representation dated 28.10.2013 along with a copy of this order to the 1st respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the 1st respondent is directed to pass appropriate orders, on merits, in accordance with law and after affording a reasonable opportunity to the petitioners as well as to the 2nd respondent, within a period of eight weeks thereafter."

No costs. Connected M.P. is closed.

15.12.2015 nv Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To The Tahsildhar, Omalur Taluk,Omalur, Salem District.

+1cc to M/s. P. Mani, Advocate, S.R.No.67253 +1cc to the Government Pleader, S.R.No.67612 AK(CO) EU(31/12/2015) W.P. No. 39243 of 2015 https://hcservices.ecourts.gov.in/hcservices/