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Madras High CourtWP(MD)/19822/2016disposed of

V.Azhagusundari v. The Revenue Divisional Officer

2016-10-18Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.19822 of 2016 Mrs.V.Azhagusundari ... Petitioner Vs.

1.The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Devakottai, Sivagangai District.

2.The Tahsildar, Devakottai Taluk, Sivagangai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent No.2 to grant patta to the petitioner's House in an extent of 14 cents situated in Survey No. 177-4, Thittukottai Village, Devakottai Taluk, Sivagangai District in the light of the Order in Mu.Mu.A1.2896-11 passed by the respondent No.1 dated 05.09.2011 within the time period stipulated by this Hon'ble court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.V.Muruganandham Additional Govt. Pleader

ORDER

The petitioner has filed this Writ Petition seeking a direction, directing the respondent No.2 to grant patta to the petitioner's house in an extent of 14 cents situated in Survey No. 177-4, Thittukottai Village, Devakottai Taluk, Sivagangai District in the light of the Order in Mu.Mu.A1.2896-11 passed by the respondent No.1, dated 05.09.2011.

2.According to the petitioner, the petitioner filed an application for grant of house site patta before the second respondent/Tahsildar and that was rejected by the Tahsildar, against which, the petitioner filed an appeal before the first https://hcservices.ecourts.gov.in/hcservices/

respondent/Revenue Divisional Officer, Sivagangai District. The first respondent, vide, order dated 05.09.2011 remanded the matter back to the Tahsildar, directing him to conduct a field inspection and issue house site patta to the petitioner, if he is eligible. Even though the first respondent passed an order on 05.09.2011, the Tahsildar, has not passed any order till date. Hence, the petitioner has filed the present writ petition. 3.Heard the submissions made on either side and perused the documents carefully.

4.Since the first respondent has already passed an order as early as on 05.09.2011, the second respondent/Tahsildar, Devekottai Taluk, Sivagangai District is directed to consider the order passed by the 1st respondent and the representation of the petitioner, dated 14.09.2016 and pass appropriate orders, after giving an opportunity to the petitioner, within a period of 12 weeks from the date of receipt of a copy of this order. 5.With the above direction, this writ petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub Assistant Registrar vs To 1.The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Devakottai, Sivagangai District.

2.The Tahsildar, Devakottai Taluk, Sivagangai District.

+1cc to Spl.Government Pleader Sr.No.61652 JAM/08.11.16/GSV-PM/ 2p-4c W.P(MD)No.19822 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 18.10.2016