Kalaiselvi .D v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.22419 of 2022 D.Kalaiselvi .. Petitioner

Versus

The Tahsildar, Vedasanthur Taluk, Dindigul District.

.. Respondent Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to consider the petitioner's application dated 16.11.2021 and grant Patta in favour of the petitioner to the land in Survey Nos.817/3, 818/9 and 226/1, situated at Kalvarpatti Village, Vedasanthur Taluk, Dindigul District, within a stipulated time as prescribed by this Court.

For Petitioner :

Mr.A.Chandrakumar For Respondent :

Mr.A.Kannan Additional Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, to direct the respondent to consider her application dated 16.11.2021 and grant Patta in her favour to the land in Survey Nos.817/3, 818/9 and 226/1, situated at 1/4

Kalvarpatti Village, Vedasanthur Taluk, Dindigul District, within a time frame.

2.Heard Mr.A.Chandrakumar, learned counsel appearing for the petitioner and Mr.A.Kannan, learned Additional Government Pleader, who takes notice for the respondent. By consent of learned counsel appearing for the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, she purchased the properties in S.Nos. 817/3, 818/9 and 226/1, situated at Kalvarpatti Village, Vedasanthur Taluk, Dindigul District, from one Ramasamy Gounder, through a registered sale deed, bearing Document No.2165/2020, on the file of the Sub-Registrar Office, Vedasanthur. After the said purchase, she made applications before respondent time and again from 2020 onwards to grant Patta in her name. She has also submitted an application on 16.11.2021 through online and also paid requisite charges for transfer of Patta in her name. However, till date, no orders have been passed by the respondent. Hence, the petitioner approached this Court by way of filing the present Writ Petition for the relief stated supra. 4.The learned Additional Special Government Pleader appearing for the respondent submits that the properties originally stand in the name of 2/4

Ramasamy Gounder and the said Ramasamy Gounder sold 1/3rd share in the said properties to the petitioner. The petitioner has also filed a suit in O.S.No. 63 of 2017 before the Sub-Court, Vedasanthur and the same is pending. The petitioner has not stated anything about the extent of land, which has been divided among them and she has only undivided share in the total extent of land and therefore, the authorities are not in a position to issue joint Patta to her. The learned Additional Special Government Pleader further submits that appropriate orders will be passed on the petitioner's representation, dated 16.11.2021, within a time frame.

5.In view of the above said submission made by the learned Additional Government Pleader appearing for the respondent, this Court, without going into the merits of the matter, directs the respondent to pass appropriate orders on the representation of the petitioner, dated 16.11.2021, on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

6.This Writ Petition is disposed of with the above direction. No costs. Index : Yes/No 23.09.2022 3/4

V.BHAVANI SUBBAROYAN, J.

smn2 To The Tahsildar, Vedasanthur Taluk, Dindigul District.

Order made in W.P.(MD) No.22419 of 2022 23.09.2022 4/4