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Madras High CourtWP(MD)/10277/2020disposed of

Kalaiarasi v. The District Collector

2020-08-28Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.08.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.10277 of 2020 Kalaiarasi

...Petitioner

Vs 1.The District Collector, Thanjavur, 2.The Revenue Divisional Officer, Revenue Divisional Office, 3.The Tahsildar, Thiruvaiyaru, 4.The Village Administrative Officer, Vethiyapuram Post, Rajendram Circle, Thiruvaiyaru Taluk,

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 3 and 4 to issue patta in Survey No.363/21 situated at Rajendram Village, Thiruvaiyaru Taluk, Thanjavur District in favour of the petitioner, based on the application dated 21-07-2020.

For Petitioner : Mr.C.Susikumar for Mr.M.Subash Babu For Respondents : Mr.Karthik Government Advocate

ORDER

This Writ Petition is filed to direct the respondents 3 and 4 to issue patta for the property in S.No.363/21, situated at Rajendram Village, Thiruvaiyaru Taluk, Thanjavur District in favour of the petitioner.

2.By consent of both parties, this Writ petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, with the relief sought for in the prayer, though she made a representation and an application dated 07.03.2020 and 21.07.2020 respectively before the respondents, 1/3

so far, no action has been taken. Hence, the petitioner is before this Court.

4.The learned counsel appearing for the petitioner would submit that as per G.O.Ms.No.318, relating to issuance of patta, the petitioner is entitled to get patta for the aforesaid property. 5.In reply, the learned Government Advocate appearing for the respondents would submit that the petitioner's representation dated 07.03.2020, would be considered on merits and in accordance with law.

6.Having regard to the limited scope of the prayer made by the petitioner and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following directions:- i) the respondents are directed to consider the petitioner's representation dated 07.03.2020 and pass appropriate orders, by taking note of G.O.Ms.No.318, relating to issuance of patta and the application dated 21.07.2020, after affording opportunity of hearing to the petitioner and the interested parties, if any, within a period of two weeks from the date of receipt of a copy of this order;

ii) the petitioner is directed to submit all the relevant documents before the authorities concerned, if she is so advised; 7.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Deputy Registrar (LA&MC) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 District Collector, Thanjavur, 2/3

2.The Revenue Divisional Officer, Revenue Divisional Office, 3.The Tahsildar, Thiruvaiyaru, 4.The Village Administrative Officer, Vethiyapuram Post, Rajendram Circle, Thiruvaiyaru Taluk, +1 CC to M/s.M. SUBASH BABU, Advocate ( SR-15370[F] dated 31/08/2020 +1 CC to M/s.Government pleader( SR-15397[F] dated 31/08/2020 ) W.P.(MD) No.10277 of 2020 28.08.2020 KB(07.09.2020) 3P 7C 3/3