Sangara Avudai v. District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD)No.17759 of 2023 Sangara Avudai ... Petitioner -Vs1.The District Revenue Officer, Tirunelveli.

2.The Revenue Divisional Officer, Ambasamudram.

3.The Tahsildar, Ambasamudram Taluk Office, Tirunelveli 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 third respondent to conclude the enquiry and pass orders on the statutory application under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983 by considering the petitioner's representation dated 24.05.2023. For Petitioner : Mr.K.N.Guru For Respondents : Mr.SRA.Ramachandran Addl. Govt. Pleader 1/5

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus directing the third respondent to conclude the enquiry and pass orders on the statutory application under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983 by considering the petitioner's representation dated 24.05.2023

2. The case of the petitioner is that the subject mater property originally belonged to the petitioner's husband. He died on 28.07.2015 leaving behind the petitioner and their three children. Their children released their respective 3/4 share in favour of the petitioner vide as Doc.No.777/2021. Now, the petitioner is possession and enjoyment of the subject matter property. Hence, she applied for sub-division patta transfer in her name on 24.02.2023. Thereafter, she sent a representation dated 24.05.2023 to the third respondent. However, the said representation has not been considered so far. Hence, she filed the present writ petition.

3. The learned counsel for the petitioner would submit that it would suffice, if the representation of the petitioner is disposed of by the third 2/5

respondent, on merits and in accordance with law within the time stipulated by this Court.

4. The learned Additional Government Pleader appearing for the respondents would submit that the representation of the petitioner will be considered in accordance with law by the third respondent.

5. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the third respondent is directed to pass appropriate orders on the representation of the petitioner, dated 24.05.2023, on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

11.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 3/5

To 1.The District Revenue Officer, Tirunelveli.

2.The Revenue Divisional Officer, Ambasamudram.

3.The Tahsildar, Ambasamudram Taluk Office, Tirunelveli District.

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V.BHAVANI SUBBAROYAN, J.

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