Madras High CourtWP(MD)/10070/2016disposed of

Siraj Nisha Beevi, v. The District Collector,

2016-06-08Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.10070 of 2016 Siraj Nisha Beevi ..Petitioner Vs 1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, Taluk Office, Thiruvadanai, Thiruvadanai Taluk, Ramanathapuram District.

Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to issue joint patta in the name of the Petitioner and her brothers in respect of landed properties in S.Nos.130/6, 130/7 and 131/1 and issue separate patta in the name of the Petitioner and her brothers in respect of landed properties in S.Nos.322/9 for an extent of 00135 sq.meter and S.No.322/8 for an extent of 00115 sq.meter, in Ananthoor Village and Group, Thiruvadanai Taluk, Ramanathapuram District. For Petitioner :M/s.J.M.Hassanul Bazari For Respondents : Mr.J.Gunaseelan Muthiah 1 and 2 Govt.Advocate

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.According to the Petitioner, her mother died on 26.6.2015 leaving behind her two daughters and three sons namely, the Petitioner, Ramjan Begam, Sheik Abdullah, Hakkim Abuthahir, Ajmal Khan and one Sarijal Kani as her legal heirs. It appears that the Petitioner's mother filed earlier W.P.No.18048/2014 and this Court on 10.11.2014 had passed an order directing the second respondent therein to look into the representation of the Petitioner's mother, dated 1.10.2014 in a fair, free, unbiased and dispassionate manner and to dispose of the same by passing a reasoned order and dispose of the Writ Petition accordingly. https://hcservices.ecourts.gov.in/hcservices/

4.The grievance of the Petitioner is that now the Petitioner and her brothers had made a representation on 4.1.2016 addressed to the second respondent/The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District praying for issuance of patta in respect of the properties mentioned in S.Nos.1 to 5.

5.In view of the fact that the representation of the Petitioner and her brother dated 4.1.2016 is pending in the hands of the second respondent/The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District, this Court, without going into the merits of the matter, at this stage, simpliciter directs the second respondent/The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District to take up the representation of the Petitioner, dated 4.1.2016 within a period of three days from the date of receipt of a copy of this order and thereafter, the second respondent is directed to pass a reasoned speaking order on the representation of the Petitioner and her brothers, dated 4.1.2016 and to dispose of the same within a period of ten days thereafter.

It is open to the Petitioner and her brothers to produce necessary documents/ records before the second respondent/The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District at the time of disposal of the representation, dated 4.1.2016. It is made clear that if necessary documents/records are produced before the second respondent by Petitioner and her brothers, then the second respondent shall take into account of the same at the time of disposal of the representation, dated 4.1.2016 within the time determined by this Court as stated supra( of course after providing due opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit). 6.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/ Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, Taluk Office, Thiruvadanai, Thiruvadanai Taluk, Ramanathapuram District.

+1CC to M/S.J.M.Hassanul Bazari, Advocate, SR.No.28781 +1CC to the Special Government Pleader, SR.No. 28761 W.P(MD)No.10070 of 2016 08.06.2016 vsn AM/KBM/SAR-II/15.06.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/