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Madras High CourtWP(MD)/7878/2021disposed of

Balasaraswathi.P v. The Tahsildar

2021-04-16Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD) No.7878 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.(MD) No.7878 of 2021 P.Balasaraswathi

...Petitioner

Vs.

The Tahsildar, Madurai North Taluk, Madurai District.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ Mandamus, directing the respondent to conduct enquiry for issuance of Patta in the name of the petitioner on the basis of her application, dated 31.10.2020, submitted by her to the respondent in respect of house bearing door No.3/343-2 comprised in old S.No.297/1, Now UDR S.No.267/3, 267/4, measuring about 1222 sq. ft., situated at Thenur II Bit Village, Madurai North Taluk, Madurai District, within a time frame as may be fixed by this Court.

For Petitioner : Mr.M.Ponniah For Respondent : Mr.M.Rajarajan Additional Government Pleader

O R D E R

This writ petition has been filed for the issuance of writ of Mandamus directing the respondent to consider the application submitted by the petitioner on 31.10.2020, wherein the petitioner has sought for issuance of patta in his name with respect to the subject property.

2.The case of the petitioner is that she is the absolute owner of the subject property, pursuant to the settlement deed executed in her favour by her husband on 24.02.2012. The further case of the petitioner is that the property tax, water tax, etc., are assessed in her name and she has also got an approved building plan from the Local Body and has got the Electricity connection for the property in her name.

3.The petitioner made an application before the respondent on 31.10.2020, seeking for the transfer of patta in her name. Since the same has not been acted upon, the present writ petition has been filed before this Court, seeking for appropriate directions. 4.Heard Mr.M.Ponniah, learned counsel for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader, for the respondent.

5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.7878 of 2021 shall be a direction to the respondent to act upon the application submitted by the petitioner on 31.10.2020 and deal with the same on its own merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order.

6.The petitioner is directed to make a fresh representation to the respondent along with all relevant documents and a copy of this order.

7.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Madurai North Taluk, Madurai District.

+1 CC to M/s.M.PONNIAH, Advocate ( SR-15983[F] dated 16/04/2021 ) +1 CC to M/s.SPL GP ( SR-16331[F] dated 17/04/2021 ) W.P.(MD) No.7878 of 2021 16.04.2021 VR(CO) KB(24.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2