Mrs.B.Vanishree v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Mrs.B.Vanishree ... Petitioner Vs.

1.The Revenue Divisional Officer (R.D.O,Nagapattinam), Office Of The District Collector, Velippalayam, Annai Nagar, Nagapattinam 611 001.

2.The Tahsildar, Nagapattinam,Public Office Road, Nagapattinam 611 001(Near District Court) 3.Mr.Mohamed Kuthbudeen

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st and 2nd respondents to act on the enquiry report of the 2nd respondent dated 30.01.2023 in Na.Ka.No.414/2020/Aa3,to grant a patta in the name of the petitioner Mrs.B.Vanishree for the aforementioned lands in Survey Nos.1593,1594,1595 and 1596 of Nagapattinam District within a time frame deemed fit by this Honble Court.

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For Petitioner : M/s.N.Srinivas Jayaprakash For Respondents : M/s.M.R.Gokul Krishnan, AGP for R.1 & R2 : M/s.T.A.Shagul Hameed for R.3

O R D E R

The writ petition is filed for the following reliefs:- "directing the 1st and 2nd respondents to act on the enquiry report of the 2nd respondent dated 30.01.2023 in Na.Ka.No.414/2020/Aa3,to grant a patta in the name of the petitioner Mrs.B.Vanishree for the aforementioned lands in Survey Nos.1593,1594,1595 and 1596 of Nagapattinam District within a time frame deemed fit by this Honble Court."

2.Heard the counsels on either side and perused the records. 3.A perusal of the records would indicate that as early as on 30.07.2021, a representation has been given by the petitioner for issue of patta and the since the same was not considered, the petitioner had filed W.P.No..5270 of 2022. This Court by order dated 09.03.2022 had passed the following order:

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" In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the fourth respondent to consider the petitioner-s representation dated 30.07.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the fifth respondent."

4. Thereafter, it appears that the Tahsildar/the 2nd respondent, after conducting an enquiry and affording an opportunity of personal hearing to the petitioner as well as the 3rd respondent, sent a enquiry report dated 30.01.2023 to the office of the Sub Sub-Collector, Nagapattinam (then functioning, now defunct) recommending the issuance of patta in favour of the petitioner.

5. In view of the above, the Writ Petition is allowed, 1st respondent is directed to pass orders on the petitioner's representation dated 30.07.2021, within a period of 4 weeks from the date of receipt of a copy of this order and report compliance before this court. While disposing of the representation of the petitioner, the 1st respondent is directed to 3/5

consider the enquiry report of the 2nd respondent dated 30.01.2023. No costs.

6. Post the matter for reporting compliance on 18.03.2025. 31.01.2025 (shr) Index : Yes/No Speaking Order: Yes/No Note to Registry :- Issue order copy on 18.02.2025.

To 1.The Revenue Divisional Officer (R.D.O,Nagapattinam), Office Of The District Collector, Velippalayam, Annai Nagar, Nagapattinam 611 001.

2.The Tahsildar, Nagapattinam,Public Office Road, Nagapattinam 611 001(Near District Court) 4/5

P.T. ASHA . J., (shr) 31.01.2025 5/5