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Madras High CourtWP/23287/2016disposed of

C.Kaliyammal, v. The Tahsildar,

2016-07-06Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.23287 of 2016 C.Kaliyammal ... Petitioner Vs.

The Tahsildar, Ambattur, Chennai.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to dispose of the representation dated 18.6.2016 by the petitioner.

For Petitioner : Mr.V.Nandagopalan For Respondent : Mr.P.Sanjay Gandhi, Additional Government Pleader

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to dispose of her representation dated 18.6.2016.

3. It is the case of the petitioner that she is residing at No.11/1, Annanagar III Street, Puzhal, Chennai for more than 50 years. The Collector of Tiruvallur has also provided her namuna receipt dated 30.4.2008 and she is regularly paying property tax to the said property. Her husband was also holding a part of 120 sq.metre in the same survey number. Her husband died on 11.1.1998 and the petitioner obtained his death certificate on 12.1.1998. After the death of her husband, she is regularly paying the property tax and electricity charges in the name of her husband. She has also obtained the legalheirship https://hcservices.ecourts.gov.in/hcservices/

certificate from the Tahsildar. Seeking patta for the said property, she made a representation dated 18.6.2016 to the respondent. Since the same was not considered so far, the petitioner has come up with the present writ petition.

4. I have heard the learned Additional Government Pleader, who has taken notice on behalf of the respondent.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the respondent to consider the representation of the petitioner dated 18.6.2016 and pass appropriate orders, on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioner as well as to the necessary parties, if any, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner and it is for the respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sbi To The Tahsildar, Ambattur, Chennai.

+1cc to Mr.V.Nandagopalan, Advocate, S.R.No.37841 +1cc to the Government Pleader, S.R.No.37997 W.P.No.23287 of 2016 NM(CO) CA(11/07/2016) https://hcservices.ecourts.gov.in/hcservices/