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Madras High CourtWP(MD)/22697/2022disposed of

Seeniammal v. The District Collector

2022-09-28Honourable Mrs Justice V.Bhavani Subbaroyan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22697 of 2022 Seeniammal ..Petitioner Vs 1.The District Collector, Office of the Collectorate, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Taluk Office, Keezhakarai Taluk, Ramanathapuram District.

3.The Taluk Surveyor, Taluk Office, Keezhakarai Taluk, Ramanathapuram District.

4.The Village Administrative Officer Periyapattinam Village, Keezhakarai Village, Ramanathapuram District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to measure the property viz all that piece and parcel of land measuring about 5 1⁄4 cents comprised in S.No.86, New S.No.240/42 of Periyapattinam Village, Keezhakarai Taluk, Ramanathapuram District and a building thereon situated at No.4/154/1, South Street, Periyapattinam, Ramanathapuram and issue patta in favour of the Petitioner by considering the Petitioner's representation, dated 26.7.2022.

For Petitioner :Mr.K.Sundararaj For Respondents:Mr.N.Ramesh Arumugam 1 to 4 Government Advocate

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents to measure the property viz all that piece and parcel of land measuring about 5 1⁄4 cents comprised in S.No.86, New S.No.240/42 of Periyapattinam Village, Keezhakarai Taluk, Ramanathapuram District and a building thereon situated at No.4/154/1, South Street, Periyapattinam, Ramanathapuram and issue patta in favour of the Petitioner by considering the Petitioner's representation, dated 26.7.2022.

2.Mr.N.Ramesh Arumugam, learned Government Advocate takes notice for the respondents 1 to 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that the above said land and house belongs to her mother Asanammal and she has been deriving title from her maternal uncleS and she has been staying in the said property by paying property tax. While so Asanammal died on 8.6.2021 and hence, the same was inherited by the Petitioner and thereafter, the Petitioner has also obtained patta for the said property on 10.08.2021 The Petitioner has submitted a representation, dated 28.11.2021 to the second

respondent to measure the said property. Since no action was taken, again the Petitioner has sent a representation dated 26.7.2022. Since no action was taken by the respondents, the Petitioner has filed this Writ Petition for the relief stated supra.

4.The learned Government Advocate appearing for the respondents 1 to 4 submitted that the Petitioner may be directed to submit an online application through E-Seva Centre for the relief sought for herein and if the same is submitted, the respondents are ready to consider the same in accordance with law, within the time stipulated by this Court. 5.In view of the above submission, the Petitioner is directed to submit an online application through E-Seva Centre for the relief stated herein to the respondents concerned within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to consider the said online application and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of sixteen weeks thereafter.

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

28.09.2022

Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Office of the Collectorate, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Taluk Office, Keezhakarai Taluk, Ramanathapuram District.

3.The Taluk Surveyor, Taluk Office, Keezhakarai Taluk, Ramanathapuram District.

4.The Village Administrative Officer Periyapattinam Village, Keezhakarai Village, Ramanathapuram District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.22697 of 2022 28.09.2022