Madras High CourtWP(MD)/11016/2017disposed of

P.Devi v. The Tahsildar

2017-06-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.11016 of 2017 P.Devi

...Petitioner

-VsThe Tahsildar, Sivagangai Taluk, Sivagangai, Sivagangai District.

...Respondent

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to issue a Patta bearing in Survey No.100/3 in plot No.99 to an extent of 5 cents situated at Payur Pillaivayal Group, Sivaganai, Sivagangai District based on the petitioner representation, dated 01.03.2017 and 07.05.2017. For Petitioner : Mr.R.Boomirajan For Respondent : Mr.D.Muruganandahm Additional Government Pleader

O R D E R

The petitioner has come up with the Writ Petition for issuance of a Writ of Mandamus, directing the 1st respondent to issue Patta to an extent of 5 cents in Survey No.100/3 in plot No.99 of Payur Pillaivayal Group in Sivagangai District, based on the petitioner's representations, dated 01.03.2017 and 07.05.2017.

2. The case of the petitioner is that her father is a retired Government servant, who died on 19.04.1998. When, he was in service, the respondent has allotted plot No.99 in Survey No.100/3 by his proceedings in HSDA No.18/91, dated 14.09.1991. The Writ petitioner would claim that her father executed Inam settlement in favour of the petitioner on 04.08.1994 and she has been in possession and enjoyment of the property for thirty years. When the petitioner approached the respondent for issuance of Patta in respect of the land, it was not considered and therefore, she gave a representation on 07.05.2017. Since no favorable order was passed, this Writ Petition is filed.

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3. Heard both sides and perused the materials available on record.

4. Considering the facts of the case and the submission of the learned Additional Government Pleader, the respondent is directed to consider the petitioner's representation, dated 07.05.2017 and pass orders purely on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after providing opportunity of hearing to the necessary parties.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To The Tahsildar, Sivagangai Taluk, Sivagangai, Sivagangai District.

+1cc to Mr.R.Boomirajan, Advocate Sr.No.60460 +1cc to Spl.Government Pleader Sr.No.60539 PSD/GNS VB/MR/KKR/SAR2/07.07.2017/2P/4C W.P.(MD)No.11016 of 2017 14.06.2017 https://hcservices.ecourts.gov.in/hcservices/