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Madras High CourtWP/21525/2021disposed of

Mrs.Valli v. The District Collector

2021-10-05Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM:

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P.No.21525 of 2021 Valli ...Petitioner

Versus

1. The District Collector, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Thindivanam, Villupuram District.

3. The Tahsildar, Melmalayanur Taluk, Villupuram District. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 19.08.2021 within time framed by this Court and to issue a patta based on the said representation to the petitioner. For Petitioner : Mr.D.Senthil Kumar For Respondents : Mr.Yogesh Kannadasan Government Advocate

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, direction to the respondents to consider the representation dated 19.08.2021 within time frame by this Court and to issue a patta based on the said representation.

2. The case of the petitioner is that she is residing at No.1/111, Mariyamman Koil Street, Naranamangalam Village and Post, Mel Malayanur Taluk, Villupuram District, for more than six decades without any one interruption. The petitioner's house has been assessed by the Local Panchayat and she is paying all the necessary taxes to the local Authority and subsequently, she constructed by covering thatched roof, has obtained electricity connection service No.500-006-279. While so, she lives in poverty and considering the same, the third respondent in the year 2001 classified the petitioner's house site as "natham" land measuring to an extent of 120 Sq.meter, comprised in Survey No.158/4 of Naranmangalam Village, in and by a draft withdrawal notification and the same was recorded in the Revenue Register and issued a sub division statement.

After classifying the house of the petitioner, patta to be issued in her favour and the same was also confirmed by the Revenue Department and they have issued a list of people in below poverty line, in which, the petitioner's husband name is mentioned in Sl.No.12 and her house address was also mentioned. On 20.02.1998, she paid land taxes to the respondents and the same was acknowledged by issuing a receipts. Thereafter, the respondents have also conducted an enquiry with the public by and through the Village Administrative Officer and submitted their recommendation to the respondents. In the mean while, she came to understand that her house site in Old Survey No.158/4 has been changed as Survey No.99/2 of Naranmangalam Village measuring to an extent of 140 Sq.

meter and the same was also effected in the Revenue Records and issued "A" Register. Due to the change in the survey numbers, the respondents have failed to consider the petitioner's representation for transferring the Patta in her favour. Hence, she made a written representation dated 19.08.2021 requesting them to consider her grievance and for issuance of patta, till date, no action has been taken by the respondents. Hence this petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 19.08.2021 and dispose of the same within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without

expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the 1st respondent to consider the petitioner's representation dated 19.08.2021 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and respondents within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gba/msm To

1. The District Collector, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Thindivanam, Villupuram District.

3. The Tahsildar, Melmalayanur Taluk, Villupuram District.

+1cc to Mr.D.Senthilkumar, Advocate Sr.51845 +1cc to Mr.D.Senthilkumar, Advocate Sr.51845[25/11/2021] +1cc to the Government Pleader Sr.52765 W.P.No.21525 of 2021 kg[co] srg 28/10/2021