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Madras High CourtWP/3953/2016disposed of

Anjalai v. The District Collector,

2016-02-16Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.3953 of 2016 Anjalai .. Petitioner Vs.

1.The District Collector 2.The Revenue Divisional Officer Kallakuruchi, Villupuram District.

3.The Revenue Tahsildar Samkarapuram Taluk, Villupuram District 4.The Village Administrative Officer Pallipaatu Village Sankarapuram Taluk ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the 3rd and 4th respondents to consider the petitioner's application dated 15.12.2015 for patta name transfer and subdivision in accordance with law.

For Petitioner : M/s.S.Mohamed Ansar.

For respondents: M/s.P.Rajalakshmi, GA.

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The petitioner has come up with the present writ petition for issuance of writ of mandamus to direct the respondents 3 and 4 to consider the petitioner's application dated 15.12.2015 for patta name transfer and subdivision in accordance with law. 3.The petitioner and her two minor daughters are the owners of the property acquired through Gift settlement deed executed by her husband Ranganathan vide document No.1113/2012 registered

in Sub Registrar, Thiyagadurgam to an extent of 0.45cents situated in Pallipattu Village, Villupuram District in Survey No.11/1A. At the time of registration, the petitioner paid fees for patta name transfer and sub division along with registration fees. On 15.12.2015, the petitioner applied for patta name transfer before the 4th respondent along with necessary documents and necessary fees through registered post, the same was acknowledged on 19.12.2015. But till date no action has been initiated to measure the land and for subdivision of patta. Hence, the petitioner come forward with the present writ petition.

4.The learned Government Advocate on instruction submitted that schedule of the property was mentioned in the Gift settlement deed produced by the petitioner, that is why the respondents are not in a position to initiate any action on the application of the petitioner.

5.Heard the submissions of learned counsel appearing for the petitioner and the learned Additional Government Pleader who accepts notice on behalf of the respondents.

6.This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the fourth respondent to consider the application of the petitioner dated 15.12.2015 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording opportunity of personal hearing to the petitioner as well as to the necessary parties, if any. 7.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar tsh To 1.The District Collector 2.The Revenue Divisional Officer Kallakuruchi, Villupuram District.

3.The Revenue Tahsildar Samkarapuram Taluk, Villupuram District

4.The Village Administrative Officer Pallipaatu Village Sankarapuram Taluk 2 ccs Mr.Mohamed Ansar, Advocate, Sr. 9795 1 cc to Government Pleader, Sr. 9979 W.P.No.3953 of 2016.

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