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Madras High CourtWP(MD)/26214/2022disposed of

Rethinamani.S v. The Revenue Divisional Officer

2022-11-21Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.26214 of 2022 S.Rethinamani .. Petitioner Vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, Kumbakonam, Thanjavur District.

2.The Tahsildar, Papanasam Taluk Office, Thanjavur District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 28.02.2019 and reminder dated 23.06.2022 and to issue patta to her regarding the property in old survey No. 599/2, New survey No.648/5 to an extent of 2400 sq.ft. in Soolamangalam-II, Sethi, Papanasam Taluk, Thanjavur District.

For Petitioner : Mr.A.Senthil Kumar For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 1/4

28.02.2019 and reminder dated 23.06.2022 and to issue patta to her regarding the property in old survey No.599/2, New survey No.648/5 to an extent of 2400 sq.ft. in Soolamangalam-II, Sethi, Papanasam Taluk, Thanjavur District. 2.Heard Mr.A.Senthil Kumar , learned counsel for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader, who takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that the petitioner purchased the petition mentioned property. She applied for grant of patta in her name. But the same was not considered so far.

4. The learned counsel for the petitioner submitted that the petitioner is the absolute owner of the subject property. From the date of purchase, she is in possession and enjoyment of the same. She also got electricity and water connection and she is paying necessary charges. While so, she made a representation seeking patta in her name on 28.02.2019. Based on the same, the Village Administrative Officer conducted an enquiry and submitted a report before the second respondent, who in response had directed the petitioner to produce all the relevant documents. The petitioner also produced 2/4

the same. Thereafter, no action has been taken. Hence, the petitioner again made a representation on 28.02.2019 and made reminder on 23.06.2022. But the same is still pending without any consideration. 5.No prejudice would be caused to the first respondent, if the petitioner's representation filed dated 28.02.2019 is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other necessary party, whom the first respondent deems fit to enquire. 6.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation dated 28.02.2019, and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, as well as any other necessary party, whom the first respondent deems fit to enquire, 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. No costs. 21.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The Revenue Divisional Officer, Revenue Divisional Office, Kumbakonam, Thanjavur District.

2.The Tahsildar, Papanasam Taluk Office, Thanjavur District.

Order made in W.P.(MD) No.26214 of 2022 21.11.2022 4/4