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Madras High CourtWP(MD)/16244/2017disposed of

V.Rajammal, W/O K.Veeranan v. The Disrtict Collector,

2017-08-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No. 16244 of 2017 V.Rajammal ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Dindigul Taluk, Dindigul.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 2nd respondent to issue patta in favour of the petitioner in respect of the property situated in S.No.414/5 in Balakrishnapuram Village, Dindigul Taluk, Dindigul District, punja land to an extent of 0.88 Cents based on the petitioner's representation dated 29.07.2017. For Petitioner : Ms.P.Kalaiyarasi Bharathi For Respondents : Mr.A.Muthukaruppan Additional Government Pleader.

O R D E R

The petitioner seeks for a direction to the second respondent to issue patta, based on her representation, dated 29.07.2017. 2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice on behalf of the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.The petitioner would state that she became the owner of the property to an extent of 88 cents in S.No.414/5 situated at Balakrishnapuram Village, Dindigul Taluk and District, based on the decree passed in O.S.No.91 of 2008 and sale deed executed in E.P.No.172 of 2010.

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4.The petitioner would further state that one Velusamy was the original owner of the property and during his life time, his wife and his daughter dealt with the property on 16.06.1983. Hence, he has also filed a suit for declaration and injunction in O.S.No.271 of 2013 before the learned Subordinate Court, Dindigul and the same is pending. While so, the petitioner gave a representation dated 29.07.2017 to the second respondent for issuance of patta. Since no action was taken, the present writ petition. 5.Considering the limited scope of the prayer sought for in this writ petition, this Court, without going into the merits of the case, directs the second respondent to consider the representation of the petitioner dated 29.07.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

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

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

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Dindigul Taluk, Dindigul.

+1cc to M/S. P.KALAIYARASI BHARATHI, Advocate, SR.No.75192. +1cc to Special Government Pleader, SR.No.75359. W.P.(MD) No. 16244 of 2017 29.08.2017 mm / skn SDS/SKN:RSK/SAR 1/08.09.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/