N.Dhanalakshmi v. The Special Secretary To Government-Cum-District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA N.Dhanalakshmi ....
Petitioner Vs
1. The Special Secretary to Government-cum-District Collector, O/o.The District Collector for Puducherry, Government of Puducherry, Puducherry.
2.The Deputy Collector Revenue (South), Office of the Deputy Collector Revenue (South), Government of Puducherry, Puducherry.
3.The Director of Settlement-cum- Director of Survey and Land Records, Directorate of Survey and Land Records, Government of Puducherry, Kamaraj Salai, Saram, Puducherry-605 013.
4.The Settlement Officer-II, Settlement Section, O/o.The Directorate of Survey and Land Records, Government of Puducherry, Kamaraj Salai, Saram, 1/9
Puducherry-605 013.
5.The Commissioner (HRI), Hindu Religious Charitable Institution and Waqf, Collectorate Building, 3rd Floor, Vazhudavoor Road, (Near Rani Hospital) Pettaiyan Chathiram, Puducherray-605 009.
6.The Tahsildar, Taluk Office, Villianur, Puducherry.
....
Respondents Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents to consider and take appropriate action on the representations dated 03.08.2016, 23-05-2023 and 10-09-2024 submitted by the petitioner and thereby direct them to issue individual patta in name of the petitioner for the property situated at Puducherry Re.D., Villianur Sub.Re.D., Villianur Commune Panchayat, Village No.32, Villianur Revenue Village, comprised in R.S.No.172/3 Cadrastre No.395, land measuring to extent of 12 Kulies 8 Veesam or 7200/- Sq.ft. and also direct them to fix or assign Guide Line Registration (GLR) Value for the said property.
For Petitioner :
Mr.Prakash Adiapadam For Respondents :
Mr.M.Nirmal Kumar 2/9
Government Advocate (P)
ORDER
The petitioner had made a representation as early as on 03.08.2016 for issuance of an individual patta in her name in respect of the property situated at Puducherry Re.D., Villianur Sub.Re.D., Villianur Commune Panchayat, Village No.32, Villianur Revenue Village, comprised in R.S.No.172/3 Cadrastre No.395, land measuring to extent of 12 Kulies 8 Veesam or 7200/- Sq.ft. and also direct to fix or assign Guide Line Registration (GLR) Value for the said property has not been taken up for consideration to date, despite reminders sent on 23.09.2023 and 10.09.2024, thereby leaving the aggrieved party before this Court.
2. The petitioner would submit that the property in question was purchased by her under the registered sale deed dated 08.11.2006 from M.Manoharan @ Rajamani, M.Jayaraman and M.Natarajan. The property originally belonged to one Sabapathy Iyer, who got the same by way of partition between himself and his 3/9
brother Lakshmana Iyer on 04.08.1904. On the demise of said Sabapathy Iyer, the property devolved upon his two sons viz., Muthusamy @ Chandira Iyer and Vembu @ Mahadeva Iyer on 09.06.1927. They had jointly sold the property to one Vaithianatha Gurukkal under the registered sale deed dated 09.06.1927. The said Vaitianatha Gurukkal died intestate leaving behind the following persons : (i) Viswanathan Gurukkal (ii) Balasubramaniya Gurukkal (iii) Shanmuga Gurukkal (iv) Dakshnamurthy and (v) Arnachalam. The aforesaid persons succeeded to the estate. The petitioner's vendor Jeyaraman purchased the subject property from the aforesaid persons under the registered sale deed dated 19.11.1987. Thereafter, the petitioner purchased the said property under the registered sale deed dated 08.11.2006.
3. The learned counsel for the petitioner would submit that the documents would define the property with distinct four boundaries. The petitioner had also submitted an application for mutation of revenue records. However, in the revenue records, 4/9
viz., the settlement deed extract and patta, the petitioner's name has been mentioned as joint pattadharar along with the name of one Srikaladeesvarar Varadharaja Perumal Devasdanam, Puducherry. The guideline value of the property has also been frozen and mentioned as zero.
4. Therefore, on realizing this the application in question had been submitted before the authorities concerned and the same was not considered, despite two reminders. The application has been put up into cold storage by the respondents.
5. Considering the above facts and taking note of the inaction displayed by the statutory authorities, who have failed and shunned their statutory duties, this writ petition is allowed and a mandamus is issued to the respondents to dispose of the application on or before 10.12.2024. No costs.
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Index : Yes/No Internet : Yes/No Lpp To
1. The Special Secretary to Government-cum-District Collector, O/o.The District Collector for Puducherry, Government of Puducherry, Puducherry.
2.The Deputy Collector Revenue (South), Office of the Deputy Collector Revenue (South), Government of Puducherry, Puducherry.
3.The Director of Settlement-cum- Director of Survey and Land Records, Directorate of Survey and Land Records, Government of Puducherry, Kamaraj Salai, Saram, Puducherry-605 013.
4.The Settlement Officer-II, Settlement Section, O/o.The Directorate of Survey and Land Records, Government of Puducherry, Kamaraj Salai, Saram, Puducherry-605 013.
5.The Commissioner (HRI), Hindu Religious Charitable Institution and Waqf, Collectorate Building, 6/9
3rd Floor, Vazhudavoor Road, (Near Rani Hospital) Pettaiyan Chathiram, Puducherray-605 009.
6.The Tahsildar, Taluk Office, Villianur, Puducherry.
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P.T.ASHA, J, Lpp W.P.No. 33430 of 2024 8/9
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