Dr.R.Sri Lekha v. The Tahsildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.21733 of 2022 R.Sri Lekha ... Petitioner Vs.
The Tahsildar, Vellore Taluk, Vellore District.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to issue patta in the name of the petitioner in respect of the property Plot No.2, comprised in Survey No.299/3B sub-divided survey No.299/3B1A1 situate at Alamelumangapuram Village, Vellore Taluk and Post, Vellore District based on the online application of the petitioner dated 17.08.2021 along with necessary documents in Application No.2021/0105/04/263236 forthwith. For Petitioner : Mr.C.Prabakaran For Respondent : Mr.A.Anandan Government Advocate
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondent to issue patta in the name of the 1/5
petitioner in respect of the property bearing Plot No.2, comprised in Survey No.299/3B, sub-divided survey No.299/3B1A1, situated at Alamelumangapuram Village, Vellore Taluk and Post, Vellore District, based on the online application of the petitioner dated 17.08.2021 along with necessary documents in Application No.2021/0105/04/263236 forthwith.
2. The case of the petitioner is that she had purchased the aforesaid property from one Rajkumar, through a registered Sale Deed, dated 15.07.2016, vide Doc.No.7210 of 2016 on the file of Sub Registrar Office, Vellore. Subsequent to the execution of the said deed, the petitioner is in possession and enjoyment of the said property. Further, the petitioner intended to get separate Patta for the development of the aforesaid property and to put up a construction, she made an application/representation dated 17.08.2021 before the respondent along with all the necessary documents and charges. Since the said representation was not considered by the respondent, the petitioner had filed the present Writ Petition.
3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, this Court vide order dated 24.08.2022 issued direction to the respondent to consider the 2/5
petitioner's representation, if it is otherwise in order, on or before 02.09.2022. However, the said representation was not considered by the respondent. Further, he submitted that it would suffice, if this Court issues a direction to the respondent to consider the petitioner's representation dated 17.08.2021 and pass orders on the same within a particular time frame to be fixed by this Court.
4. The learned Government Advocate appearing for the respondent submitted that, due to some administrative reasons, the said application/repesentation was not considered by the respondent. Further, he submitted that the petitioner's representation will be considered and appropriate orders will be passed.
5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the respondent to consider the petitioner's representation dated 17.08.2021 and pass appropriate orders after affording an opportunity of hearing to the petitioner and other aggrieved person, if any on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 3/5
6. With the above observation and direction, this Writ Petition is disposed of. No costs.
02.09.2022 Index : Yes / No Speaking order: Yes/ No jd To The Tahsildar, Vellore Taluk, Vellore District.
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M.DHANDAPANI, J.
jd W.P. No.21733 of 2022 02.09.2022 5/5