Rabiyathul Basaria v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Rabiyathul Basaria ... Petitioner Vs.
1.The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram, 2.The Tahsildar, Taluk Office, Ramanathapuram Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent herein to issue a patta in the petitioner's name in respect of the land in Survey No.298/1A (now sub divided as Survey No.298-105A) to an extent 1 Acre 12 Cents, in which the Plot No.1, to an extent of 1152.7 (nearly 2.6 Cents) in Pattinamkathan Group Village, Velipattinam, Ramanathapuram Taluk, Ramanathapuram District, by scruinizing the petitioner's Application No.2018/0105/27/85883 dated 17.12.2018, subsequently by considering the petitioner's reminder representation dated on 09.08.2021, in accordance with law, within time stipulated by this Hon'ble Court. For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.P.Subbaraj, Counsel for State.
ORDER
The petitioner seeks issuance of a patta in respect of the land in Survey No.298/1A (now sub divided as Survey No.298-105A) of an extent of 1 Acre and 12 Cents, Plot No.1, Pattinamkathan Group Village, Velipattinam, Ramanathapuram Taluk, Ramanathapuram District.
2. The petitioner states that the above mentioned property originally belonged to four persons who executed a general power of attorney in favour of one Mr.Abdul Majid. The petitioner states that she purchased the property from the original owners through the said power of attorney. A sale deed dated 19.12.1997 and bearing Document No.2910 of 1997 was registered in such regard before the 1/3
Sub-Registrar office, Velipattinam.
3. The petitioner states that she submitted an application dated 17.12.2018 and that the receipt thereof was acknowledged by the second respondent. The present Writ Petition is filed in view of the failure to take action thereon.
4. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of both the respondents. He produces a communication dated 07.09.2021 from the Tahsildar concerned to the petitioner. By the said communication, the Tahsildar has called upon the petitioner to produce a copy of the sale deed and other relevant documents and to submit the same through the E-Seva portal.
5. In view of the aforesaid development, it is not necessary to go into the merits of the petitioner's claim. Accordingly, without going into the merits of the matter, the petitioner is permitted to submit all necessary documents as called for by the communication dated 07.09.2021. Such document shall be submitted through the E-Seva Centre within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt thereof, the second respondent is directed to consider the same and pass a reasoned order thereon within a period of three (3) months from the date of receipt thereof.
6. Accordingly, W.P.(MD).No.15975 of 2021 is disposed of on these terms without any order as to costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/LM 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 1.The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram, 2/3
2.The Tahsildar, Taluk Office, Ramanathapuram Taluk, +1 CC to M/s.GP ( SR-28691[F] dated 09/09/2021 ) +1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-28492[F] dated 08/09/2021 ) 08.09.2021 RD(16.09.2021) 3P 5C 3/3