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Madras High CourtWP(MD)/18536/2018disposed of

Suseela v. The Revenue Divisional Officer

2021-04-09Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 09.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) Suseela ... Petitioner Vs.

1.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

2.The Tahsildar, Sankarankovil Taluk Sankarankovil Tirunelveli District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 2nd respondent herein by implementing the urgent memorandum issued by the 1st respondent in O.Mu.A3/3022/2018 dated 26.05.2018 and to issue patta to the petitioner in respect of the landed properties belonging to the petitioner bearing Survey No.509/5 of a total extent of 6 cents situate at Elavankulam, Kalappakulam Village, Sankarankovil Taluk, Tirunelveli District. For Petitioner :Mr.A.D.Ganesamoorthi For Respondents :Mr.M.Rajarajan Additional Government Pleader

ORDER

The writ petition has been filed for the issue of a writ of mandamus directing the second respondent to consider the application submitted by the petitioner, wherein, the petitioner is seeking for the grant of patta in her name with respect to the subject property. 2.The case of the petitioner is that she is the absolute owner of the subject property by virtue of the registered sale deeds dated 04.01.2017 and 10.12.2017. After purchasing the property, the petitioner made an application on 12.05.2018 seeking for issuance of patta. The first respondent, on receipt of the representation by memorandum dated 26.05.2018, directed the second respondent to consider the application and pass appropriate orders. 1/3

3.The grievance of the petitioner is that the application submitted by the petitioner has not evoked any response from the second respondent and left with no other alternative, the present writ petition has been filed before this Court seeking for appropriate directions.

4.Heard Mr.A.D.Ganeshamoorthi, learned counsel for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader, for the respondents.

5.Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be a direction to the second respondent to consider the application submitted by the petitioner seeking for patta and deal with the same on its own merits and strictly in accordance with law and pass orders within six weeks from the date of receipt of a copy of this order.

6.The petitioner is directed to make a fresh representation to the second respondent enclosing all the relevant documents along with a copy of this order.

7. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

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2.The Tahsildar, Sankarankovil Taluk Sankarankovil Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-15856[F] dated 15/04/2021 ) +1 CC to M/s.A.D.GANESHA MOORTHI, Advocate (SR-15953[F] dated 16/04/2021) 09.04.2021 MR(11.05.2021) 3P 5C 3/3