Vishalatshi v. The Sub Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25785 of 2016 Vishalatshi ... Petitioner Vs.

1 The Sub Collector Sub Collector's Office, Pollachi, Coimbatore District.

2 The Tahsildar Pollachi Taluk, Pollachi, Coimbatore District.

3 S.Savithri ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to dispose of the petitioner's representation dated 08.12.2014 for correcting the mistakes occurred in the Survey records and issuing Patta in the petitioner's name for her residential house measuring to an extent of 0.02.05 Sq. Meter comprised in Survey No. 156/2, Grama Natham for Patta No.108 situated at No. 1/90, Veeralpatti Village, Thondamuthur Post, Samathur Via, Pollachi Taluk, Coimbatore District.

For Petitioner : Mr.V.Ravi For Respondents: Mr.R.Govindasamy for R1 and R2 Special Government Pleader

O R D E R

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

2.The petitioner claims to be in possession and enjoyment of the property situated in Survey No.156/2, Grama Natham and Patta No.108 for the past 60 years and further according to her, the said property is also subjected to statutory levies and she has also put up a superstructure bearing door no.1/90. The

petitioner, would state that without her knowledge and consent, patta in respect of the said property has been changed in favour of one Muthukaruppa Mudaliar, son of Mariappa Mudaliar and it was later changed in the name of her daughter, namely, the third respondent and in this regard, has submitted representation dated 08.12.2014 to the first respondent praying for making necessary corrections and since no response is forthcoming, came forward to file this writ petition.

3.The learned counsel appearing for the petitioner would submit that the Sub Collector/ first respondent has forwarded the said representation to the second respondent vide communication dated 09.04.2015 in Na.Ka.No.461/2015 A1 and the second respondent may be directed to pass appropriate orders, in accordance with law.

4.Heard the submissions of Mr.V.Ravi, learned counsel appearing for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents 1 and 2.

5.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the second respondent to act on the communication of the first respondent, dated 09.04.2015 in Na.Ka.No.461/2015 A1 and after putting on notice, the third respondent, shall pass orders, in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the third respondent. 6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1 The Sub Collector Sub Collector's Office, Pollachi, Coimbatore District.

2 The Tahsildar Pollachi Taluk, Pollachi, Coimbatore District.

+1cc to Mr.V.Ravi, Advocate Sr.41981 +1cc to the Government Pleader sr.42127 W.P.No.25785 of 2016 ca[co] srg 31/08/2016