Zeenat Nisha v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Zeenat Nisha .. Petitioner Vs.

1.The Revenue Divisional Officer, Dindigul District.

2.The Tahsildar, Dindigul East Taluk, Dindigul.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 2nd respondent (Tahsildar) to consider the petitioner's representation dated 16.09.2021, 19.06.2023 & 06.07.2023 and take suitable action to issue patta to the petitioner for her land in S.No.327/3A measuring 46 cents at Adiyanoothu Village, Dindigul East Taluk per her sale deed dated 14.07.2006 within the time stipulated by this Court.

For Petitioner :

Mr.H.Lakshmi Shankar For Respondents :

Mr.D.S.Nedunchezian Government Advocate

ORDER

This writ petition is filed for a Mandamus directing the second respondent(Tahsildar) to consider the petitioner's representations dated 16.09.2021, 19.06.2023 & 06.07.2023 and take suitable action to issue patta to the petitioner for her land in S.No.327/3A measuring an extent of 46 cents at Adiyanoothu Village, Dindigul East Taluk per her sale deed dated 14.07.2006.

2.The petitioner's grievance is that out of 1 acre 12 cents, she had purchased measuring an extent of 46 cents under a registered sale deed dated 14.07.2006 and the remaining share belonging to her vendor viz., Premkumar and patta had been granted in his name. The petitioner had executed a mortgage deed in respect of the property in question in favour of the Oriental Bank of Commerce on 07.09.2006 as security for the loan obtained by her brother and her husband's brother. The said loan also was cleared. Thereafter, she made an application for mutation of patta. The

petitioner would further submit that there was no response and thereafter she made an online application on 19.06.2023. So far the patta has not been granted to till date to the petitioner. Hence, the present writ petition is filed.

3.Heard the learned counsel on either side.

4.Out of the total extent of 1 acre 12 cents in S.No.327/3A, the petitioner had purchased only 46 cents and the remaining extent had been purchased by one Premkumar and patta has been mutated in his name. However, with reference to the petitioner's property patta has not been granted. She has also submitted an online application as early as on 19.06.2023 and despite the order, patta has not been mutated in her name. Therefore, a Mandamus is issued to the second respondent to consider the petitioner's latest representation dated 06.07.2023 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands allowed. No costs.

23.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns To 1.The Revenue Divisional Officer, Dindigul District.

2.The Tahsildar, Dindigul East Taluk, Dindigul.

P.T.ASHA, J.

Ns Dated: 23.09.2024