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Madras High CourtWP/39406/2015disposed of

S.Thilagadevi v. The Revenue Divisional Officer

2015-12-16Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P. No. 39406 of 2015 S.Thilagadevi

...Petitioner

Vs.

1. The Revenue Divisional Officer, Tambaram Division, Kancheepuram District.

2. The Tahsildar, Cholinganallur Taluk, Kancheepuram District.

3. The Revenue Inspector, Pallikaranai Circul, Cholinganallur Taluk, Kancheepuram District.

4. The Village Administrative Officer, No. 13, Okkiam Thoraipakkam, No. 15, Karapakam Village, Cholinganallur Taluk, Kancheepuram District.

...Respondents

PRAYER:

This petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 2nd respondent to grant a joint patta in favour of petitioner in respect of property in S.No. 241/3B extent of 18.53 cents and in S.No. 244/1, an extent of 69.16 cents situated at Okkiyam Thoraipakkam Village, Cholinganallur Taluk, Kancheepuram District, by considering the petitioner's application dated 18.05.2015.

For Petitioner : Mr.M.Elango, For Respondents : Mr.A.Kumar, Special Government Pleader

ORDER

The petitioner made an application on 18.05.2015, seeking inclusion of her name in the Joint Patta existing already, on the ground that the property situated in S.No. 241/3B to an extent of 18.53 cents and in S.No. 244/1 to an extent of 69.16 cents, situated at Okkiyam Thoraipakkam Village, Cholinganallur Taluk, Kancheepuram District, is a joint family property. On receipt of the said application, the respondent No. 1, directed https://hcservices.ecourts.gov.in/hcservices/

the respondent No. 2 to look into the same. In turn, the respondent No. 2 by proceedings dated 11.08.2015, asked the respondent Nos. 3 and 4 to make inspection and do the needful. The respondent Nos. 3 and 4 have also made their recommendations on 27.08.2015 and 13.08.2015, respectively. Despite the same, as no final action is forthcoming on the part of respondent No. 2, the present writ petition has been filed by the petitioner before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

3. Considering the pendency of the application of the petitioner and without going into the merits of the case, the respondent No. 2 is directed to consider the application of the petitioner dated 18.05.2015 and take appropriate final action on the pending application of the petitioner, within a period of eight weeks from the date of receipt of copy of this order, after affording an opportunity of hearing to the petitioner as well as third parties, if any, including all those in whose names the patta stands as of now.

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

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Revenue Divisional Officer, Tambaram Division, Kancheepuram District.

2. The Tahsildar, Cholinganallur Taluk, Kancheepuram District.

3. The Revenue Inspector, Pallikaranai Circul, Cholinganallur Taluk, Kancheepuram District.

4. The Village Administrative Officer, No. 13, Okkiam Thoraipakkam, No. 15, Karapakam Village, Cholinganallur Taluk, Kancheepuram District.

+1 cc to Mr.M.Elango Advocate sr.67734 +1 cc to Government Pleader sr.67856 W.P.No. 39406 of 2015 aa23/12/2015 https://hcservices.ecourts.gov.in/hcservices/