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Madras High CourtWP(MD)/8930/2021disposed of

Kaleeswari.M v. The District Collector

2021-04-30Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.6729 of 2021 M.Kaleeswari

...Petitioner

Vs.

1. The District Collector, Madurai District, Madurai-625 020.

2. The District Revenue Officer, Madurai Collectorate, Madurai-625 020.

3. The Revenue Divisional Officer, Madurai Collectorate, Madurai-625 020.

4. The Tahsildar, Madurai North, The District Collectorate Complex, Madurai-625 020.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to take action based on the petitioner's application dated 15.05.2018 and 04.07.2020 and also the appeal dated 25.08.2020, made to the third respondent, Review Petition dated 24.10.2020, submitted to the second respondent and the second respondent's direction to the third respondent dated 08.12.2020 and to survey, subdivide and issue patta to the petitioner's portion of residential plot No.9 admeasuring 678 1⁄2 sft located in UDR survey No.140/1A1 and Old survey No.139/1, 4th street, "B" colony, AIBEA Nagar, Paraai 1st Bit Village, Madurai North Taluk, Madurai North Registration District covered in lay out Na.Ka.No.354/1986, dated 13.06.1986, approved by Paravai Town Panchayat and having building constructed therein in a time bound manner giving due opportunity of hearing to this petitioner.

For Petitioner : Mr.K.Alagarsamy For Respondents : Mr.M.Rajarajan Additional Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the 1/3

representations made by the petitioner, wherein, the petitioner has sought for the survey of the subject property and for issuance of patta in her name.

2. The case of the petitioner is that she is the absolute owner of the subject property, by virtue of a gift deed, dated 01.06.2015. The petitioner made an application before the respondents seeking for the survey of the subject property and for issuance of patta in her name with respect to the property that was gifted to her. Since the same was not acted upon, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.K.Alagarsamy, learned Counsel appearing on behalf of the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader appearing on behalf of the respondents.

4. 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 petitioner to make a fresh representation to the fourth respondent along with all the necessary documents and also a copy of this order. The fourth respondent, on receipt of the same, shall deal with the representation on its own merits and in accordance with law and pass appropriate orders within a period of six (06) weeks from the date of receipt of the representation from the petitioner. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.

5. The writ petition stands disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) To

1. The District Collector, Madurai District, Madurai-625 020.

2. The District Revenue Officer, Madurai Collectorate, Madurai-625 020.

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3. The Revenue Divisional Officer, Madurai Collectorate, Madurai-625 020.

4. The Tahsildar, Madurai North, The District Collectorate Complex, Madurai-625 020. +1 CC to M/s.K.ALAGARSAMY, Advocate ( SR-18322[F] dated 03/05/2021 ) +1 CC to M/s.GP ( SR-18428[F] dated 03/05/2021 ) 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.

Order made in Dated:

30.04.2021 AS(07.06.2021)3P 7C 3/3