Maheswari.S v. The Thasildar
W.P.(MD).No.12894 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2021 CORAM :
THE HONOURABLE MRS.JUSTICE J. NISHA BANU W.P.(MD).No.12894 of 2021 S.Maheshwari
...Petitioner
Vs.
The Tahsildar, Madurai North Taluk, Madurai - 20.
... Respondent Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pass order upon petitioner representation, dated 09.01.2020, to issue patta in respect of land with coconut trees and along with residential hut located in old Natham S.No.47 and resurvey No.64/9 at Paraipatti Village, Madurai North Taluk, Madurai, within a time frame fixed by this Court.
For Petitioner : Mr.V.Manikandan For Respondent : Mr.M.Lingadurai Government Advocate
ORDER
This writ petition has been filed for the issuance of a Writ of Mandamus, directing the respondent to pass order upon petitioner's representation, dated 09.01.2020, to issue patta in respect of the land with coconut trees and along with residential hut located in old Natham S.No.47 and resurvey No.64/9 at Paraipatti Village, Madurai North Taluk, Madurai.
2.The case of the petitioner is that the petitioner is residing in a hut located in S.No.47, Resurvey No.64/9, at Paraipatti Village, Madurai North Taluk, Madurai. According to her the land is classified as Natham Poramboke land and she is residing in there for past 30 years and has raised coconut trees in the land. The petitioner is provided with electricity connection and is enjoyment of the same without any objection. Based on her long possession, the petitioner made an application on 10.06.2016 before the respondent for issuance of patta and thereafter, on 22.11.2018 and now on 09.10.2020.
3.The petitioner claims that she is an agricultural cooly and her income is less than three thousands per month. The measurement of land for which the petitioner seek patta is less than 1.5 cent, https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.12894 of 2021 which values less than Rs.20,000/-. According to her it is a non objectionable poramboke land. The petitioner is a deserted women living in the above address and she used this land to provide shelter to her cattle also. Since her representations were not considered, left with no other option, the petitioner has come forward with this present writ petition.
4.Heard Mr.V.Manikandan, learned counsel for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.
5.The learned Government Advocate on instructions would submit that the respondent will consider the petitioner's representation within a time limit stipulated by this Court. 6.Considering the facts and circumstances of the case and the limited relief sought for in this writ petition, without adverting to the merits of the matter, the respondent is directed to consider the representation of the petitioner dated 09.01.2020, on merits and in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order. 7.This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) TM/MPK 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 The Tahsildar, Madurai North Taluk, Madurai - 20.
+1 CC to M/s.V.MANIKANDAN, Advocate ( SR-24495[F] dated 29/07/2021 ) +1 CC to M/s.GP ( SR-24931[F] dated 02/08/2021 ) W.P.(MD).No.12894 of 2021 29.07.2021 MGJ(06.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2