Mayangathal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26520 of 2024 Mayangathal

...Petitioner

Vs.

1.The District Collector Coimbatore District Coimbatore.

2.The Tahsildar Annur Taluk Annur, Coimbatore District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to dispose of the petitioner's application dated 24.06.2024 measuring an demarcating the petitioner's land in S.Nos.39/1, 39/2, 39/3, 39/4, 39/5, 40/3, 40/5, 40/8, 42/1B, 42/1C and 44/13 of Annur Village, Coimbatore Taluk, Coimbatore and fixed the boundaries within a stipulated by this Court. 1/5

For Petitioner : Ms.S.Sowmiya for Mr.M.Selvam For Respondents : Mr.U.Baranidaran for R1 & R2 Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to dispose of her application dated 24.06.2024 seeking survey of her property situated in S.Nos.39/1, 39/2, 39/3, 39/4, 39/5, 40/3, 40/5, 40/8, 42/1B, 42/1C and 44/13 of Annur Village, Coimbatore Taluk, Coimbatore.

2. A perusal of the application submitted by the petitioner dated 24.06.2024 would indicate the petitioner submitted an application seeking transfer of patta in her name, based on the Will executed by her husband. However, the petitioner has not produced any application seeking survey of the above mentioned property.

3. Mr.U.Baranidaran, learned Additional Government Pleader, who takes notice for the respondents 1 & 2 would submit that the application of the petitioner dated 24.06.2024 seeking transfer of patta will be considered, on its own merits, within a time frame fixed by this Court. As far as the survey 2/5

of the property is concerned, it is for the petitioner to make appropriate application separately.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the application of the petitioner dated 24.06.2024 and pass final orders, on its own merits, within a period of six weeks from the date of receipt of copy of this order.

5. The petitioner is directed to file a fresh online application seeking survey of the above mentioned land, within a period of two weeks from the date of receipt of copy of this order. If any such application is filed, the same shall be considered by the second respondent, on its own merits, within a period of six weeks thereafter.

6. With the above direction, this Writ Petition is disposed of. No costs.

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09.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The District Collector Coimbatore District Coimbatore.

2.The Tahsildar Annur Taluk Annur, Coimbatore District.

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S.SOUNTHAR , J.

dna W.P No.26520 of 2024 09.09.2024 5/5