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Madras High CourtWP(MD)/6081/2022disposed of

Lavanya Devi.M v. The District Collector

2022-04-04Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.6081 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.6081 of 2022 M.Lavanya Devi ... Petitioner Vs.

1.The District Collector, Collectorate Office, Dindigul.

2.The Tahsildar, Aathur Taluk, Dindigul District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents to effect the change of patta in the name of the petitioner in respect of land in Survey No.135/41 under Patta No.632 situated at Keelakottai Village, Aathur Taluk, Dindigul District.

For Petitioner : Mr.S.Loganathan For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to effect the change of patta in the name of the petitioner in respect of land in Survey No.135/41 under Patta No.632 situated at Keelakottai Village, Aathur Taluk, Dindigul District based on the petitioner's applications dated 31.08.2021 and 03.12.2021 within a time frame to be fixed by this Court.

2. The petitioner claims that she is the absolute owner of the aforementioned property having got the same under a settlement deed dated 27.01.2021 registered as Document No.224 of 2021 on the file of the Sub-Registrar, Chinnalapatti. The petitioner has applied for a sub-division patta in her name on 03.12.2021 with the second respondent. Earlier, she had applied for the same on 31.08.2021. Since her applications have not been considered till date, she has filed this Writ Petition.

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W.P.(MD).No.6081 of 2022

3. Heard Mr.S.Loganathan, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4. The petitioner has filed documents along with the Writ Petition to substantiate her claim that she is entitled for a subdivision patta for the aforementioned property. It is for the respondents to consider the same on merits and in accordance with law, after affording a fair hearing to the petitioner. No prejudice would be caused to the respondents, if the petitioner's application seeking for sub-division patta is considered on merits and in accordance with law.

5. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's application dated 03.12.2021 seeking for a sub-division patta in her name for the property comprised in Survey No.135/41 under Patta No.632 situated at Keelakottai Village, Aathur Taluk, Dindigul District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the second respondent deems fit to enquire, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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 1.The District Collector, Collectorate Office,Dindigul.

2.The Tahsildar, Aathur Taluk,Dindigul District.

+1 CC to M/s.SPL.GP ( SR-16692[F] dated 05/04/2022 ) W.P.(MD).No.6081 of 2022 04.04.2022 MGJ(13.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2