Lalitha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.26982 of 2022 Lalitha .. Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Trichy.

3.The Tahsildar, West Taluk, Trichy.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to issue SLR patta to the petitioner in respect of the property in S.F.No.155/1 situate at Pratiyur Village, Trichy District based on the petitioner's representation dated 09.07.2021.

For Petitioner : Mr.K.G.Arunkumar For R1 to R3 : Mr.D.Gandhiraj Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to issue SLR patta to the petitioner in respect of the 1/4

property in S.F.No.155/1, situated at Pratiyur Village, Trichy District based on the petitioner's representation, dated 09.07.2021. 2.Heard Mr.K.G.Arunkumar, learned counsel appearing for the petitioner, Mr.D.Gandhiraj, learned Special Government Pleader, who takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal.

3. The grievance of the petitioner is that representation submitted by the petitioner seeking to include the name of the petitioner in the patta in the name of the third respondent herein, has not been considered.

4. The learned counsel for the petitioner submitted that the petition mentioned property belongs to the father of the petitioner. After his demise, the petitioner and his brother are in possession and enjoyment of the aforesaid property. Thereafter, the petitioner inherited the property by way of a settlement deed executed in favour of the petitioner. The petitioner applied for SLR patta on 09.07.2021 before the third respondent. Since no action has been taken on the same, the petitioner has filed the present writ petition. 2/4

5. No prejudice would be caused to the respondents, if the application of the petitioner dated 09.07.2021 seeking to SLR patta in his favour, is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any.

6.Accordingly, this Court, without expressing any opinion on the merits of the matter, directs the official respondents to consider the application of the petitioner dated 09.07.2021 and pass orders on merits and in accordance with law, after giving notice to the petitioner and rival claimants, if any, within a period of twelve [12] weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

30.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Trichy.

3.The Tahsildar, West Taluk, Trichy.

Order made in W.P.(MD) No.26982 of 2022 30.11.2022 4/4