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Madras High CourtWP/16661/2020disposed of

N.Amulu v. The Thasildar Vellore

2020-11-30Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.16661 of 2020 N.Amulu

...Petitioner

Vs.

The Tahsildar, Office of the Tahsildar, Vellore, Vellore District

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 10.08.2020 to include the petitioner's name as joint patta holder in respect of the land bearing survey No.32, to an extent of 2214 sq. ft. at Vada Vellore Village, Vellore, Vellore District.

For Petitioner : Mr.P.R.Thiru Neelakandan For Respondents: Mr.S.N.Parthasarathy Government Advocate

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondent to consider the application submitted by the petitioner on 10.08.2020 wherein the petitioner is seeking for inclusion of her name in the joint patta with respect to the subject property.

2. The case of the petitioner is that the subject property originally belonged to her paternal grandmother. The further case of the petitioner is that the paternal grandmother executed a registered Will and had bequeathed the property in favour of her son and daughter in law. The petitioner further states that her father died on 15.08.2002 intestate leaving behind his wife and four daughters which includes the petitioner also. The grievance of the petitioner is that the patta has been issued in the name of all the other legal heirs and the name of the petitioner has been left out. Hence, a representation was made to the respondent in this regard. Since the same was not https://hcservices.ecourts.gov.in/hcservices/

considered, the present writ petition has been filed before this Court.

3. Heard Mr.P.R.Thiruneelakandan, learned counsel for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate appearing on behalf respondent.

4. Taking into consideration the facts and circumstances of the case and without going into the merits of the case and also considering the limited relief sought for in this writ petition, there shall be a direction to the respondent to consider the representation made by the petitioner on 10.08.2020 and pass orders strictly in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The respondent shall issue notice to the petitioner as well as all the other interested parties before conducting the enquiry and opportunity shall be given to all the interested parties. The petitioner is directed to make a fresh representation to the 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 //True Copy// Sub Assistant Registrar To The Tahsildar, Office of the Tahsildar, Vellore, Vellore District +1cc to the Government Pleader, S.R.No.38435 W.P.No.16661 of 2020 GP(CO) RV(18/12/2020) https://hcservices.ecourts.gov.in/hcservices/