D.Indhumathi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 39937 of 2024 D.Indhumathi ....
Petitioner Vs
1. The District Collector, Collector Office, Coimbatore.
2. The Revenue Tahsildar, Tahsildar Office, Perur Taluk, Coimbatore District.
3. The Revenue Divisional Officer, Revenue Division Office, Perur Taluk, Coimbatore District.
4. The Village Administrative Officer, Sundakkamuthur Village, Perur Taluk, Coimbatore District.
....
Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to process the petitioner application dated 01.10.2024 in Transfer vide Can No. 133060123974471 and application No.2024/0105/12/ 1/5
567375 to sub-divide and issue separate patta in her name from joint patta in patta No.83 with regard to the property situated in Survey No.376/1B to an extent of 1925 sq.ft. Sundakkamuthur Village, Perur Taluk, Coimbatore District.
For Petitioner :
Mr.K.Thenrajan For Respondents :
Mr.G.Velu Additional Government Pleader
ORDER
This Writ Petition has been filed for the following relief : "directing the 2nd respondent to process the petitioner application dated 01.10.2024 in Transfer vide Can No. 133060123974471 and application No.2024/0105/12/ 567375 to sub-divide and issue separate patta in her name from joint patta in patta No.83 with regard to the property situated in Survey No.376/1B to an extent of 1925 sq.ft. Sundakkamuthur Village, Perur Taluk, Coimbatore District."
2. It is the case of the petitioner that the property, comprised in Survey No.376/1B, in Patta No.83, situated at Sundakkamuthur Village, Perur Taluk, Coimbatore District, belongs to the petitioner's husband M.Kalaiselvan, who had purchased the property through a sale deed registered as document No.2390 of 2012. Ever since the date of 2/5
purchase, the petitioner's husband was in continuous possession and enjoyment of the property. He was also included in the joint patta under Patta No.83. On 28.11.2023, the said M.Kalaiselvan passed away, leaving behind the petitioner and his mother, Renuka Devi, as his legal heirs. Thereafter, the said Renuka Devi passed away on 18.05.2023 and the petitioner had absolute possession and enjoyment of the property. On 01.10.2024, the petitioner had made an application for the issuance of separate patta after sub dividing of the property. However, the application has not been taken up and no orders has not been passed to date. Aggrieved by this, the petitioner is before this Court.
3. Considering the limited request made by the petitioner and taking note of the fact that the application submitted on 01.10.2024 has not been considered to date, a mandamus is issued to the second respondent to consider and pass orders on the representation dated 01.10.2024 within a period of twelve (12) weeks from the date of receipt of a copy of this order.
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4. With the above direction, this writ petition stands allowed. No costs.
07.01.2025 Index : Yes/No Internet : Yes/No Lpp To
1. The District Collector, Collector Office, Coimbatore.
2. The Revenue Tahsildar, Tahsildar Office, Perur Taluk, Coimbatore District.
3. The Revenue Divisional Officer, Revenue Division Office, Perur Taluk, Coimbatore District.
4. The Village Administrative Officer, Sundakkamuthur Village, Perur Taluk, Coimbatore District.
P.T. ASHA, J, Lpp 4/5
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