Usha.A v. The Dist.Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 15.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) A.Usha ... Petitioner Vs.
1.The District Collector 2.The Sub Collector Cheranmahadevi, 3.The Tahsildar, Radhapuram Taluk ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents herein to consider and pass orders on the petitioner's final representation dated 02.03.2021 seeking allotment of patta for survey Nos.743/19A and 743/19B of Thandayarkulam Village, Radhapuram Taluk, Tirunelveli District within a reasonable time as may be stipulated by this Court.
For Petitioner :Mr.E.V.N.Siva For Respondents :Ms.R.Rajeswari Government Advocate
ORDER
This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 02.03.2021, wherein the petitioner is seeking for patta in her name with respect to the subject property.
2. The case of the petitioner is that she is in possession and enjoyment of the subject property. Based on her possession, the petitioner made an application before the third respondent seeking for patta. The third respondent, on receipt of the application, conducted an enquiry and recommended for grant of patta to the second respondent by proceedings dated 15.11.2013. The further case of the petitioner is that the second respondent also recommended for the issuance of patta in the name of the petitioner by proceedings dated 09.12.2013. Thereafter, the first respondent, by proceedings, dated 23.12.2013, directed the second respondent to take necessary action for the grant of patta.
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3. The grievance of the petitioner is that in spite of the recommendations made by the official respondents, there has been absolutely no progress and the patta was not given in the name of the petitioner. The petitioner made detailed representations to the respondents dated 24.11.2019 and 02.03.2021. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate direction.
4. Heard Mr.E.V.N.Siva, learned counsel for the petitioner and Ms.M.Rajeshwari, learned Government Advocate, appearing on behalf of the respondents.
5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to act upon the proceedings of the first respondent dated 23.12.2013 and take a decision in accordance with law within a period eight weeks from the date of receipt of a copy of this order.
6. The petitioner is directed to make a fresh representation to the second respondent enclosing all the relevant documents along with a copy of this order. A copy of the representation shall also be marked to the first respondent.
7. This writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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 2.The Sub Collector Cheranmahadevi, 2/3
3.The Tahsildar, Radhapuram Taluk +1 CC to M/s.SPL GP ( SR-16012[F] dated 16/04/2021 ) +1 CC to M/s.E.V.N.SIVA, Advocate ( SR-16099[F] dated 16/04/2021 ) 15.04.2021 SSS(CO) GS(30.04.2021) 3P 6C 3/3