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Madras High CourtWP(MD)/9630/2021disposed of

Thangamani v. The Revenue Divisional Officer

2021-06-04Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.06.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.9630 of 2021 Thangamani ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thoothukudi, Thoothukudi District.

2.The Tahsildar, Office of the Taluk Officer, Thoothukudi, Thoothukudi District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to issue new pattas in respect of the petitioner's property comprised in S.No.287/1A2 measuring an extent of 0.41.50 Hectares, having old Patta No.1244 and S.No.287/1A1B measuring an extent of 0.37.00 Hectares having old Patta No.1247 respectively situated at Perurani Village, Thoothukudi Taluk and District on the basis of the petitioner's application dated 19.04.2021 within the time stipulated by this Court. For Petitioner : Mr.S.Mandhirilingeswaran For Respondents : Mr.P.Thilak Kumar, Standing Counsel for Government

ORDER

Mr.P.Thilak Kumar, learned Standing Counsel for the Government, accepts notice on behalf of the respondents.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. This writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to issue new pattas in respect of the petitioner's property comprised in S.No.287/1A2 measuring an extent of 0.41.50 Hectares, having old Patta No.1244 and S.No.287/1A1B measuring an extent of 0.37.00 Hectares having old Patta No.1247 respectively situated at Perurani Village, Thoothukudi Taluk and District on the basis of the petitioner's application dated 19.04.2021 within the time stipulated by this Court.

4. The case of the petitioner is that she is the absolute owner of the property comprised in S.No.287/1A 2 measuring an extent of 1/3

0.41.50 Hectares, having old Patta No.1244 and S.No.287/1A 1B measuring an extent of 0.37.00 Hectares having old Patta No.1247 respectively situated at Perurani Village, Thoothukudi Taluk and District. The petitioner purchased the above property from its lawful owners vide Document No.4004/2020 and since the date of purchase, the petitioner is in possession and enjoyment of the property. Further, all the revenue records were mutated in the petitioner's name and she has been regularly paying the taxes to the concerned Authorities.

Thereafter, the petitioner made an application to the respondents to change the above two patta numbers in her name. Till date, new pattas are not issued in the petitioner's name. Hence, this writ petition.

5. The learned counsel for the petitioner would state that it would be suffice if a direction is given to dispose of the representation of the petitioner.

6. The learned standing counsel for the respondents would state that the representation of the petitioner would be considered within a reasonable time.

7. Considering the submissions of the learned counsel for the petitioner as well as the respondents and in the light of the facts and circumstances of the case, without going into the merits of the case projected by the petitioner either in her representation or in this Writ Petition, the respondents are directed to consider the representation of the petitioner dated 19.04.2021, on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order

8. With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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.

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To:

1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Thoothukudi, Thoothukudi District.

2.The Tahsildar, Office of the Taluk Office, Thoothukudi, Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-18923[F] dated 07/06/2021 ) W.P(MD)No.9630 of 2021 04.06.2021 KK(16.06.2021) 3P 4C 3/3