← Library
Madras High CourtWP(MD)/24476/2018disposed of

Dhavamani, v. The Zonal Deputy Tahsildar,

2018-12-12Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2018

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.24476 of 2018 Dhavamani ... Petitioner Vs.

1.The Zonal Deputy Tahsildar, Thirumayam Tahsildar Office, Thirumayam, Pudukkottai District.

2.Surveyor, Taluk Tahsildar Office, Thirumayam, Pudukkottai District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents to survey the land, which was purchased by the petitioner as per Document No.677/2017 registered by the SubRegistrar, Thirumayam, in Survey No.10/8 to the extent of 0.22.5 Ares and Survey No.10/9 to the extent of 0.36.0 Ares, classified as Punja, which is a part and parcel of Perungudi Village and Post, Thirumayam Taluk, Pudukkottai Distict, and issue a Patta in the name of the petitioner, by considering the representation dated 23.10.2017.

For Petitioner : Mr.C.Nagamuthu For Respondents: Mr.S.Dhayalan Government Advocate

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to survey the land, which was purchased by the petitioner as per Document No.677/2017 registered by the Sub-Registrar, Thirumayam, in Survey No.10/8 to the extent of 0.22.5 Ares and Survey No.10/9 to the extent of 0.36.0 Ares, classified as Punja, which is a part and parcel of Perungudi Village and Post, Thirumayam Taluk, Pudukkottai Distict, and issue a Patta in the name of the petitioner, by considering the application of the petitioner, dated 23.10.2017.

2.According to the petitioner, she purchased the abovesaid property from one Muthulakshmi, W/o.Sundaragopalan, as per the registered Document No.677/2017, on the file of the Sub-Registrar, https://hcservices.ecourts.gov.in/hcservices/

Thirumayam, on 04.05.2017. From the said date onwards, the petitioner is in possession and enjoyment of the said property, but, Patta was not issued to her till date. Therefore, on 23.10.2017, the petitioner has sent a representation to the first respondent through online seeking Transfer of Patta, enclosing a receipt for a sum of Rs.80/- towards measurement fees to measure the property. Even after the receipt of the same, so far, no action has been taken by the first respondent to measure the property and issue Patta. Hence, the petitioner has approached this Court by way of filing the present Writ Petition.

3.From the records, it could be seen that there is no whisper about the efforts taken by the petitioner except sending the application through online. The petitioner has not submitted any application either in person or through RPAD. 4.At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner is ready and willing to submit fresh application along with necessary fees. 5.In view of the above said submission, the petitioner is directed to give fresh application along with necessary fees within a period of two weeks from today to the concerned officer viz., the first respondent herein. Thereafter, the first respondent herein shall give an opportunity to the petitioner and after receiving all the relevant documents, pass appropriate orders in accordance with law, as expeditiously as possible, as per seniority. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(co) /True Copy/ Sub Assistant Registrar(cs-IV) To 1.The Zonal Deputy Tahsildar, Thirumayam Tahsildar Office, Thirumayam, Pudukkottai District.

2.The Surveyor, Taluk Tahsildar Office, Thirumayam, Pudukkottai District.

+1cc to Mr.V.Selva Advocate in SR.No.100173 +1cc to Special Government Pleader, SR.No.100119 W.P(MD)No.24476 of 2018 12.12.2018 SMN2 SPRSK SAR4 26.12.2018 2P 5C https://hcservices.ecourts.gov.in/hcservices/