Mrs.M.Pattammal, v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.11.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN WP.No.41054/2016 Mrs.M.Pattammal ..

Petitioner

Versus

1.The Collector Marakanam Taluk Villupuram District 604307.

2.The Tahsildar Marakanam Taluk, Villupuram District 604303.

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to dispose the petitioner's application dated 05.10.2010 for grant of patta in Old Survey No.20/4A New Survey No.6/6 to an extent of 35 cents and her application 19.10.2016 for grant of patta in Old Survey No.15/2A1, New Survey No.8/6, to an extent of acre 1.58 cents in Murukkery Village, Marakanam Taluk, Villupuram District, in a time bound period.

For Petitioner :

Mr.K.Mohanamurali For RR 1 & 2 :

Mr.R.S.Selvam, GA

ORDER

Heard the learned counsel for the petitioner and Mr.R.S.Selvam, learned Government Advocate who accepts notice on behalf of the respondents 1 and 2 and with the consent on either side, the writ petition is taken up for final disposal. The case of the petitioner is that she along with her brother Varatha Pillai purchased three properties vide a registered Sale Deed bearing Doc.No.148/1948 dated 29.01.1948, viz., [1] Old Survey No.20/1A [Patta No.14], admeasuring to an extent of 2.46 cents ; [2] Old Survey No.15/2A1, New Survey No.8/6 admeasuring to an extent of 1.58 acres ; and [3] Old Survey No.20/4A , New Survey No.6/6 admeasuring to an extent of 35 cents. Subsequent to the demise

of her brother Varatha Pillai, the petitioner became the sole and absolute owner of the above mentioned properties, after settling the legal heirs of the deceased Varatha Pillai by paying a sum of Rs.4 lakhs and by executing a Release Deed dated 22.06.2006. It is the grievance of the petitioner that item No.1 of the above mentioned properties, is a patta property and in respect of the other two items, pattas are yet to be issued in favour of the petitioner. The representations of the petitioner dated 05.10.2016 and 19.10.2016 respectively submitted to the respondents seeking for issuance of patta in her favour also did not evoke any kind of favourable response. Hence, having no other alternative remedy, the petitioner is before this Court.

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 representations of the petitioner dated 05.10.2016 and 19.10.2016, directs the respondents 1 and 2 to consider and dispose of the said representations on merits and in accordance with law and pass orders as expeditiously as possible and communicate the decision taken, to the petitioner. The writ petition stands disposed of with the above direction. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.The Collector Marakanam Taluk Villupuram District 604307.

2.The Tahsildar Marakanam Taluk, Villupuram District 604303.

+1cc to Mr.K. Mohanamurali, Advocate, S.R.No.68000 +1cc to the Government Pleader, S.R.No.68510 nr(CO) md(02/12/2016) WP.No.41054/2016