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Madras High CourtWP(MD)/2176/2020disposed of

Noorjahan v. The Thasildar

2020-07-09Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD)No.2176 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.2176 of 2020 Noorjahan ... Petitioner Vs.

The Tahsildar, Taluk Office, Andipatty, Theni District.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondent to consider and pass orders on the petitioner's statutory applications dated 26.04.2018 and 29.12.2017 made under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983 within the time frame stipulated by this Hon'ble Court.

For Petitioner : Mr.M.Mahaboob Athiff for M/s.Ajmal Associates For Respondent : Mr.R.Sethuraman, Special Government Pleader.

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the respondent to consider and pass orders on the petitioner's statutory application dated 29.12.2017 and 26.04.2018 made under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983 within the time frame stipulated by this Court. 2.According to the petitioner, she submitted an application before the respondent on 29.12.2017 for the transfer of patta in her name, pursuant to the decree passed in O.S.No.96 of 1999 on the file of the learned District Munsif, Andipatti. The said application has not been disposed of or considered by the respondent. Hence, the petitioner sent reminders on 26.04.2018 and 07.09.2018. Since there is no response from the respondent, the petitioner has filed the present Writ Petition.

3.The learned Special Government Pleader appearing for the respondent submitted that the petitioner has not produced the relevant documents, as required for the transfer of patta in her name and further submitted that if the petitioner produces all the relevant materials to the authority concerned, the said application https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.2176 of 2020 for the transfer of patta will be considered by the respondent. 4.Recording the aforesaid submission of the learned Special Government Pleader, this Court, without expressing any opinion on the merits of the matter, directs the respondent / the Tahsildar, Andipatty, to consider the application of the petitioner dated 29.12.2017 and pass final orders under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any. It is also made clear that the petitioner has to produce all the relevant documents before the authority concerned.

5.This Writ Petition is disposed of in the above terms. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Ps Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To The Tahsildar, Taluk Office, Andipatty, Theni District.

Order made in W.P.(MD)No.2176 of 2020 Dated:

09.07.2020 AP(16/07/2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2