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Madras High CourtWP(MD)/8931/2021disposed of

Solaiyammal.V v. The Tahsildar

2021-04-30Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.8931 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.8931 of 2021 V.Solaiyammal

...Petitioner

Vs.

1. The Tahsildar, Thirumayam Tahsildar Office, Tirumayam Taluk, Pudukottai District.

2. The Head Surveyor, Taluk Tahsildar Office, Tirumayam Taluk, Pudukkottai District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to measure the property in new survey No.691/14 to the extent of 0.15.0 acre in old survey No.691/1 allotted through oral partition which is part and parcel of Pudukkottai District, Thirumayam Taluk, Perungudi Revenue Village which is in our possession and enjoyment and issue joint patta to the petitioner and his sons by considering the petitioner's representation dated 31.12.2020. For Petitioner : Mr.V.Selvakumar For Respondents : Mr.M.Muniasamy Additional Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to act upon the representation made by the petitioner on 31.12.2020, wherein, the petitioner has sought for adding the name of the petitioner and her sons in the joint patta.

2. The case of the petitioner is that by virtue of an oral partition between her and her family members, she was allotted the property in the New Survey No.691/14 to an extent of 0.15.0 ares.

3. The petitioner made an application seeking for the joint patta in her name and in the name of her children. Since the same was not acted upon, the present Writ Petition has been filed before https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.8931 of 2021 this Court seeking for appropriate directions.

4. Heard Mr.V.Selvakumar, learned Counsel appearing on behalf of the petitioner and Mr.M.Muniasamy, learned Additional Government Pleader 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 first respondent to consider the representation made by the petitioner on 31.12.2020 and deal with the same on its own merits and in accordance with law and pass final orders, within a period of six (06) weeks from the date of receipt of a copy of this order. 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.

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

7. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) Tsg 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 Tahsildar, Thirumayam Tahsildar Office, Tirumayam Taluk, Pudukottai District.

2.The Head Surveyor, Taluk Tahsildar Office, Tirumayam Taluk, Pudukkottai District.

W.P.(MD).No.8931 of 2021 30.04.2021 KK(15.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2