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Madras High CourtWP/33011/2022disposed of

Sennammal v. The Tahsildar

2022-12-08Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33011 of 2022 Mrs.Sennammal ... Petitioner -Vs1. The Tahsildar, O/o. The Tahsildar, Uthangarai Taluk, Krishnagiri District.

2. The Taluk Surveyor, O/o. The Survey Section, Uthangarai Taluk, Krishnagiri District.

... Respondents Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to issue separate patta with respect to the property in Andiyur Village S.No.49/12B situated at Uthangarai Taluk, Krishnagiri District to an extent of 30 cents (13,080 sq.fts) covered under the settlement deed in Doc.No.687/2018 dated 23.02.2018 on the file of the SRO, Uthangarai, based on the petitioner's Online Application No.2022/0105/31/375116 dated 27.06.2022 within a time frame as may be fixed by this Court. For Petitioner : Mr.T.Arockia Dass for Dass & Viswa Associates For Respondent : Mrs.N.Senthilselvi Government Advocate 1/5

ORDER

The prayer sought for herein is for a writ of mandamus directing the 1st respondent to issue separate patta with respect to the property in Andiyur Village S.No.49/12B situated at Uthangarai Taluk, Krishnagiri District to an extent of 30 cents (13,080 sq.fts) covered under the settlement deed in Doc.No.687/2018 dated 23.02.2018 on the file of the SRO, Uthangarai, based on the petitioner's Online Application No.2022/0105/31/375116 dated 27.06.2022 within a time frame.

2. The petitioner claims that the property in S.No.49/12B situate at Uthangarai Taluk, Krishnagiri District to an extent of 30 cents (13,080 sq.fts) was settled in favour of the petitioner by th petitioner's father that is how, he inherited the property. However, in order to get patta in the name of the petitioner, he made an application through on-line on 27.06.2022 and paid necessary fee to the respondent especially the first respondent. Despite that, since no action so far has been taken and no enquiry has been conducted, the petitioner has moved the present writ petition with the aforesaid prayer.

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3. Heard Mr.T.Arockia Dass, learned counsel appearing for the petitioner, who having reiterating the aforesaid would seek indulgence of this Court to issue a direction to the first respondent to act upon on the application of the petitioner dated 27.06.2022.

4. Heard Mrs.N.Senthil Selvi, learned Government Advocate appearing for the respondents, who on instructions would submit that, the said application submitted by the petitioner dated 27.06.2022 would be considered and decided on merits and in accordance with law by the first respondent within a time frame that may be stipulated by this Court.

5. Considering the limited scope of the prayer sought for in this writ petition and having regard to the said submission made by the learned Government Advocate appearing for the respondents, this Court is inclined to dispose of this writ petition with the following order: That there shall be a direction to the first respondent to consider the application submitted by the petitioner dated 27.06.2022 and pass orders thereon on merits and in accordance with law after giving an opportunity of being heard to the petitioner within a period of six(6) weeks from the date of receipt 3/5

of a copy of this order.

With this direction, this writ petition is disposed of. No costs. 08.12.2022 Index : Yes/No Speaking Order : Yes/No mp To

1. The Tahsildar, O/o. The Tahsildar, Uthangarai Taluk, Krishnagiri District.

2. The Taluk Surveyor, O/o. The Survey Section, Uthangarai Taluk, Krishnagiri District.

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R. SURESH KUMAR, J.

mp W.P.No. 33011 of 2022 08.12.2022 5/5