← Library
Madras High CourtWP/9479/2016disposed of

Mrs.R.Sridevi, v. The Tahsildar,

2016-03-15Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.9479 of 2016 R.Sridevi, represented by her father and power of attorney agent A.Ramamurthy ... Petitioner vs.

The Tahsildar, Sriperumbudur Taluk, Sriperumbudur, ... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent herein to dispose of the petitioner's representation dated 20.1.2016 for grant of separate pattas to the petitioner's plots bearing Plot Nos.22, 23 and 24 in the approved layout CSAR/DTCP M-87-208/ LP-154, situated in Vigneswara Nagar at No.103-B, New No.51-B, Nemili Group, Beemanthangal Village, Sriperumbudur Taluk, Kancheepuram District each plot measuring to an extent of 2200 sq.ft. comprised in Survey No.301/1 with corresponding subdivided survey No.310/5B of Beemanthangal Village, Sriperumbudur Taluk, For Petitioner : Mr.Ravichandran Sundaresan For Respondent : Mr.S.Pattabiraman, Govt. Advocate.

ORDER

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

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent herein to dispose of her representation dated 20.1.2016 for grant of separate pattas to her plots bearing Plot Nos.22, 23 and 24 in

the approved layout CSAR/DTCP M-87-208/ LP-154, situated in Vigneswara Nagar at No.103-B, New No.51-B, Nemili Group, Beemanthangal Village, Sriperumbudur Taluk, Kancheepuram District, each plot measuring to an extent of 2200 sq.ft. comprised in Survey No.301/1 with corresponding subdivided survey No.310/5B of Beemanthangal Village, Sriperumbudur Taluk,

3. It is the case of the petitioner that pursuant to the power of attorney executed by her in favour of her father, her father purchased three plots bearing Plot Nos.22, 23 and 24 in the approved layout CSAR/DTCP M-87-208/ LP-154, situated in Vigneswara Nagar at No.103-B, New No.51-B, Nemili Group, Beemanthangal Village, Sriperumbudur Taluk, Kancheepuram District each plot measuring to an extent of 2200 sq.ft. comprised in Survey No.301/1 with corresponding subdivided survey No.310/5B of Beemanthangal Village, Sriperumbudur Taluk, Kancheepuram District, for a valid sale consideration from one Cheryl Marea and the same were registered as document Nos.10914, 10915 and 10916 of 2014 on the file of the Sub Registrar, Sriperumbudur.

From the date of purchase, the petitioner is in exclusive possession and peaceful enjoyment of the said properties. After purchase, she approached the respondent on several occasions for issuance of patta in respect of the said plots individually. But, the respondent has not taken any action. Hence, the petitioner sent a legal notice dated 14.9.2015 to the respondent to take action on her application for issuance of patta. Even thereafter, there is no response. Hence, the petitioner made a representation dated 20.1.2016 requesting the respondent to issue patta. Since the said representation was also not considered, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who has taken notice on behalf of the respondent.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the respondent to consider the representation of the petitioner dated 20.1.2016 and pass appropriate orders, on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioner as well as to the necessary parties, if any, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court is not expressing any opinion with regard to the

claim made by the petitioner and it is for the respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.

sbi -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To The Tahsildar, Sriperumbudur Taluk, Sriperumbudur, + 1 cc to M/s.Ravichandran Sundaresan Advocate, SR 16523 + 1 cc to Govt.Pleader, High Court, Madras SR 16954 ad(co) prk31/3 W.P.No.9479 of 2016