E.Maragathavalli, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.30206/2016 E.Maragathavalli ..

Petitioner Vs.

1.The Secretary to Government State of Tamil Nadu Revenue Department, Fort St George Chennai 600 009.

2.The District Collector, O/o.The Tiruvallur Collector Office Tiruvallur District, Tiruvallur.

3.The Tahsildar O/o.The Ambattur Taluk Office Ambattur, Chennai 600053.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the 3rd respondent to consider the petitioner's representation dated 30.03.2013 based on the direction issued by the District Collector, Thiruvallur in his proceedings Na.Ka.No.13890/2014/A1 dated 25.07.2014 and to issue patta in the name of the petitioner for the property situated at No.15, MGR Street, Malar Nagar, Kallikuppam, Ambattur, Chennai 600053, Revenue Village of Korattur-Kallikuppam comprised in Survey No.773/2A1A with an extent of 4800 sq.ft., by considering the document Nol4738/2011 on the file of the Sub-Registrar Office, Villivakkam, within stipulated time that may be fixed by this Court. For Petitioner :

Mr.M.Saravana Kumar For Respondents :

Mr.A.N.Thambidurai, Spl.GP

ORDER

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

The petitioner claims that the land admeasuring to an extent of 4800 sq.ft., in Survey No.773/2A1A situate at Korattur Village, Kallikuppam, originally belonged to one Eagappan and he sold the said land in favour of the petitioner's husband through an unregistered Sale Deed dated 22.03.1988 and he was in possession and enjoyment of the same and subsequently, through a registered Settlement Deed bearing document No.4738/2011 registered on the file of the office of the Sub Registrar, Villivakkam and the said property was settled in petitioner's favour. The grievance expressed by the petitioner is that though she submitted an application for issuance of patta as early as on 30.03.2013 followed by very many reminders and despite the direction issued by the Additional Personal Assistant [Land], O/o.the District Collector, Tiruvallur, to the 3rd respondent herein to look into the said issued and to communicate the decision taken to the petitioner, no response is forthcoming and hence, the petitioner came forward to file this writ petition.

Heard the learned counsel appearing for the petitioner and Mr.A.N.Thambidurai, learned Special Government Pleader who accepts notice on behalf of the respondents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in her application or in this writ petition, directs the 3rd respondent to take note of the communication of the Additional Personal Assistant [Land], O/o.the District Collector, Tiruvallur, made in Na.Ka.No.13890/2014/A1 dated 25.07.2014 and after putting on notice, the person/s concerned, shall pass orders on the petitioner's representation dated 30.03.2013 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 person/s concerned. The writ petition is disposed of accordingly. No costs.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

AP To 1.The Secretary to Government State of Tamil Nadu Revenue Department, Fort St George Chennai 600 009.

2.The District Collector, O/o.The Tiruvallur Collector Office Tiruvallur District, Tiruvallur.

3.The Tahsildar O/o.The Ambattur Taluk Office Ambattur, Chennai 600053.

+2 CC to Mr. M. Saravankumar, Advocate, Sr.No.49263 WP.No.30206/2016 EV (CO) MD : 15/09/2016