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Madras High CourtWP(MD)/15904/2016disposed of

Chellammal v.

2016-08-26Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.15904 of 2016 Chellammal ... Petitioner Vs.

1. The Revenue Divisional Officer, Karur District, Karur.

2. The Thasildar, Karur Taluk Office, Karur District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the Second Respondent to consider the Petitioner's application, dated 01.08.2016, seeking to change the patta in favour of the Petitioner in S.F.No.154/A1 to an extent of 345 sq. feet, situated at Thirukambuliyur, L.N.S. Village and Post, Karur, Karur District within a stipulated time.

For Petitioner : Mr.S.Gokul Raj For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate

O R D E R

Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal. No counter-affidavit is filed on behalf of the Respondents.

2. According to the Petitioner, she owned a house property in S.F.No.154/A1 measuring an extent of 345 sq. feet situated at Thirukambuliyur, L.N.S. Village and Post, Karur, Karur District. On 15.01.2007, her father-in-law namely Palaniyappan had executed a settlement deed in her favour(Petitioner) on 13.10.2011. After execution of settlement deed, she is in peaceful possession and enjoyment of the property. She is also paying the property tax in respect of the property in question.

3. The stand of the Petitioner is that the Revenue records namely the patta stands in the name of the Petitioner's fatherin-law in patta No.152. Therefore, she had made an application on 01.08.2016 before the Second Respondent/Thasildar, Karur Taluk Office, Karur District, to change the patta in her favour. Even after receipt of application, the Second Respondent has failed to call for the report from the concerned Village Administrative Officer. As such, she made a representation before the First Respondent/Revenue Divisional Officer, Karur District, in person on 16.08.2016, to initiate appropriate action on her representation, directing the Second Respondent to issue patta in https://hcservices.ecourts.gov.in/hcservices/

her favour. Since there is inaction on the part of the concerned Authorities, she has filed the present Writ Petition before this Court.

4. Considering the fact that the Petitioner's representation, dated 01.08.2016, is pending before the Second Respondent/Thasildar, Karur Taluk Office, Karur District, in the subject matter in issue, at this stage, this Court without going into the merits and contents of the matter, simpliciter, in the interest of justice and fair play, directs the Second Respondent to look into the representation of the Petitioner, dated 01.08.2016 in a open and free mind and to dispose of the same in a dispassionate manner, within a period of six weeks from the date of receipt of a copy of this order (Of course after adhering to the Principles of Natural Justice by issuing notice to the Petitioner and others concerned if any, who are interested in the subject matter in issue).

In case, the Second Respondent is in need of any copy of relevant records/certified copy of documents, as the case may be, then, it is open to the Second Respondent to call for such records/documents from the possession of the Petitioner by means of issuance of memo/notice and soon after receipt of such memo/notice, it is incumbent on the part of the Petitioner to comply with the plea/request made by the Second Respondent without any haziness or hesitation, as expeditiously as possible, so as to enable the Second Respondent, to do the needful, within the time adumbrated by this Court, as stated supra. Needless for this Court to make a significant mention that the Petitioner is to render her assistance and unstinted cooperation to the Second Respondent in the subject matter in issue.

With the above said Direction(s)/Observation(s), this Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar (P & A) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Karur District, Karur.

2.The Thasildar, Karur Taluk Office, Karur District.

+1cc to M/s.S.Gokul Raj, Advocate SR.No.47488 +1cc to Special Government Pleader SR.No.47714 W.P(MD)No.15904 of 2016 26.08.2016 pm SD/DB/02.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/