Madras High CourtWP(MD)/23057/2016disposed of

Halima Banu v. The Tahsildar

2016-11-30Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.23057 of 2016 and W.M.P(MD)No.16514 of 2016 Halima Banu ... Petitioner Vs.

The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

... Respondent 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 to pass orders in the light of the petitioner's representation, dated 14.10.2016. For Petitioner : Mr.T.Thangamani For Respondent : Mr.V.Muruganandham Additional Government Pleader

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent. 2.By consent, the Writ Petition itself is taken up for final disposal.

3.According to the petitioner, she has purchased an extent of 1 acre 57 cents out of 5 acres 19 cents in Old Survey No.215 (New Survey Nos.215/1A and 1B) at Sammanthapuram Village, Rajapalayam Taluk, from one Innasiammal, her children and her brothers by a registered sale deed, dated 02.04.2008. The petitioner's vendors got the property by way of decree passed in the partition suit. Subsequently, the petitioner filed an application to issue a separate patta to the petitioner. At that time, one Valarmathi, said to have purchased the neighbouring land, claiming right over the property. In the above circumstances, the petitioner submitted an application before the District Collector, Virudhunagar. The District Collector also vide order, dated 07.03.2013, directed the respondent to consider the https://hcservices.ecourts.gov.in/hcservices/

petitioner's application and conduct enquiry. So far no order has been passed by the respondent, the present Writ Petition is filed. 4.Taking into consideration the fact that the petitioner's application is pending with the respondent and also there is a further direction by the District Collector as early as on 07.03.2013, the respondent is directed to consider the application of the petitioner, dated 14.10.2016, after issuing notice to the rival claimants and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

+1 cc to MR.T.THANGAMANI, Advocate SR.No.74574 +1 cc to The Additional Government Pleader SR.No.78106 W.P(MD)No.23057 of 2016 30.11.2016 SMA/SKN/21.12.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/