Ar.Senthilnathan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.07.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.25329 of 2016 A.R.Senthilnathan Rep. By his power Agent Mrs.S.Mangalam.

... Petitioner Vs.

The Tahsildar, Velachery Taluk, Tharamani, Chennai - 600 113.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus directing the respondent to consider and pass orders on the representation given by the petitioner on 01.10.2015 to issue a patta to the petitioner with respect to his 1/5 share in the land and premises bearing Plot No.10, New Beach Road, Thiruvanmiyur, Chennai - 600 041, comprised in Survey No.214/2 of Thiruvanmiyur Village, Saidapet Taluk, Chennai Corporation Limits, by inspecting the premises and effecting subdivision of the same.

For Petitioner : Mr.K.S.Kumar For Respondent : Mr.R.Govindasamy, Special Government Pleader.

O R D E R

By consent, this writ petition is taken up for final disposal.

2. The petitioner has approached the respondent in the form of representation dated 01.10.2015 stating that her father-in-law owned a land and building bearing Plot No.10, admeasuring to an extent of 5 grounds and 443 sq. ft in S.No.214/2 in Thiruvanmiyur Village, Saidapet Taluk, Chennai and he died on 14.07.1983 and thereafter, his two daughters viz., Tmt.Lakshmi and Tmt.Saradha had executed deeds of release in favour of their brothers and thereafter, her mother-in-law, her husband and her brother-in-laws were jointly in possession and enjoyment of the same and except her husband, rest of them had sold the properties. The petitioner https://hcservices.ecourts.gov.in/hcservices/

would further state that her husband has given Power of Attorney to her. Thereafter, she has applied for grant of separate patta in respect of the 1/5th share and though it was received and acknowledged on 01.01.2015, no orders have been passed and therefore, the petitioner is constrained to approach this Court by filing this writ petition.

3. Heard the submissions of Mr.K.S.Kumar, learned counsel appearing for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondent.

4. This Court, taking into considering the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the respondent to consider and dispose of the petitioner's representation dated 01.10.2015 in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. vsm Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Tahsildar, Velachery Taluk, Tharamani, Chennai - 600 113.

+ 1 cc to Mr.K.S.Kumar, Advocate Sr 41426 + 1 cc to The Govt. Pleader, Sr 41694 KR/2/8/16 Writ Petition No.25329 of 2016 https://hcservices.ecourts.gov.in/hcservices/