M.Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI M.Lakshmi . . . Petitioner Vs.

1. The District Collector, Kallakurichi Kallakurichi District.

2. The Thasildhar Sangarapuram Taluk Office, Kallkurichi District.

3. The Revenue Inspector, Allathur Revenue Office, Allathur, Kallakurichi District.

4. The Village Administrative Officer, Manchaputtur Village, Kallakurichi District. . . . Respondents 1/6

PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus or any other appropriate writ or order or direction in the nature of writ directing the 2nd respondent herein to issue a separate Patta in Joint Patta No.1034 by perusing to petitioner representation dated 28.10.2022 within a time to be fixed by this Court. For Petitioner : M/s.T.Balachandran For Respondents : Mr.U.Baranidharan, Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to the 2nd respondent to issue separate patta in favour of the petitioner based on the representation dated 28.10.2022.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for the respondents.

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3. It is the case of the petitioner that she is the owner of the property in Survey No.119/4A to an extent of about 0.09 cents by virtue of the settlement deed which was executed by her husband in favour of the petitioner, pursuant to which, joint patta was granted by the 2nd respondent in favour of the petitioner. While being so, the petitioner made a representation dated 28.10.2022 to the 2nd respondent seeking to issue a separate patta to the petitioner in respect of the above said property. However, till date, no action has been taken on the said representation. Hence, the present petition has been filed.

4. Though very many grounds have been raised, however, learned counsel for the petitioners submitted that it would suffice if this Court issues a direction to the 2nd respondent to consider the representation dated 28.10.2022 made by the petitioner seeking issuance of separate patta pass appropriate orders on the same, within the time that may be stipulated by this Court.

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5. On the above contentions, this Court heard the learned Additional Government Pleader appearing for the respondents who has no objection to the said order being passed.

6. In view of the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the 2nd respondent/Tahsildar to consider the representation dated 28.10.2022 made by the petitioner seeking issuance of separate patta and pass appropriate orders on the same in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as to the aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

29.11.2022 NHS Index : Yes / No Internet : Yes / No 4/6

To

1. The District Collector, Kallakurichi Kallakurichi District.

2. The Thasildhar Sangarapuram Taluk Office, Kallkurichi District.

3. The Revenue Inspector, Allathur Revenue Office, Allathur, Kallakurichi District.

4. The Village Administrative Officer, Manchaputtur Village, Kallakurichi District.

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M.DHANDAPANI, J.

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