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Madras High CourtWP(MD)/14956/2017disposed of

V.Lalitha, W/O.Varatharajan v. The District Collector

2017-08-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.14956 of 2017 V.Lalitha ... Petitioner Vs.

1. The District Collector, District Collectorate Office, Karur, Karur District.

2. The Zonal Deputy Thasildar, Aravakurichi (02), Taluk, Karur (14) District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 07.06.2017, in order to issue patta in the petitioner's name for the land situated in S.Nos.326, 327/2, 328/B2, 368/A, at Gudalur Melpagam village, Aravakurichi Taluk, Karur District based on the possession and enjoyment of the properties as per the settlement deed dated 03.02.2017.

For Petitioner : Mr.D.Selvaraj For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

The petitioner seeks for a direction to the second respondent to consider her representation dated 07.06.2017, in order to issue patta in her name for the land situated in S.Nos.326, 327/2, 328/B2, 368/A, at Gudalur Melpagam village, Aravakurichi Taluk, Karur District based on the possession and enjoyment of the properties as per the settlement deed, dated 03.02.2017.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner would state that the properties in S.Nos.326, 327/2, 328/B2, 368/A, at Gudalur Melpagam village, Aravakurichi Taluk, Karur District, are her ancestral properties. She filed a https://hcservices.ecourts.gov.in/hcservices/

suit in O.S.No.24 of 2011 before the District Court, Karur for partiion. During the pendency of the suit, there is an amicable settlement and thereafter, the petitioner's father executed a settlement deed in her favour on 03.02.2017. Since then, she has been in possession and enjoyment of the same. 4.The petitioner would further state that she applied for transfer of patta to the second respondent on 21.04.2017. Since no action has been taken, she sent a representation to the second respondent on 07.06.2017. Since no favourable order has been passed, the present writ petition.

5.Considering the limited scope of the prayer sought for by the petitioner and the facts of the case, this Court, without going into the merits of the matter, directs the second respondent to consider application of the petitioner dated 21.04.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, District Collectorate Office, Karur, Karur District.

2. The Zonal Deputy Thasildar, Aravakurichi (02), Taluk, Karur (14) District.

+ 1 CC TO Mr.D.SELVARAJ, ADVOCATE IN SR No. 71844 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 72397 SKN TE/JC/SAR-I : 31/08/2017 : 2P/5C W.P.(MD)No.14956 of 2017 10.08.2017 https://hcservices.ecourts.gov.in/hcservices/