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Madras High Court

S.Suguna Devi vs The Tahsildar on 21 July, 2020

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                                  W.P(MD)No.7801 of 2020


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 21.07.2020

                                                        CORAM:

                            THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

                                             W.P.(MD)No.7801 of 2020

                      S.Suguna Devi                                      ... Petitioner

                                                           Vs.

                      The Tahsildar,
                      Kodaikanal Taluk Office,
                      Kodaikanal,
                      Dindigul District.                                 ... Respondent


                      PRAYER:- Writ Petition filed under Article 226 of the Constitution of
                      India, praying for the issuance of a Writ of Mandamus, to direct the
                      respondent to pass orders on the petitioner's statutory application under
                      Section 10 of the Tamil Nadu Patta Pass Book Act, 1983, dated
                      12.03.2020, mutating the patta entry to the petitioner's name within the
                      time stipulated by this Court.


                                For Petitioner         : Mr.M.Mahaboob Athiff

                                For Respondent         : Mr.C.M.Mari Chelliah Prabhu,
                                                          Additional Government Pleader.


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                                                                                  W.P(MD)No.7801 of 2020


                                                        ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the respondent to pass orders on the petitioner's statutory application filed under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983, dated 12.03.2020, by mutating the patta entry in her name within the time stipulated by this Court.

2.Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader takes notice for the respondent.

3.By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself.

4.According to the petitioner, she owns a land to an extent of 1 acre in T.S.No.8/4 (Old Survey No.150/3) in Kodaikanal Taluk, Dindigul District and the said property was executed in favour of her by her husband through a registered Settlement Deed, which was registered as Document No.209 of 2017 on the file of the Sub-Registrar, 2/5 http://www.judis.nic.in W.P(MD)No.7801 of 2020 Kodaikanal. Seeking to mutate the patta entries in the petitioner's favour, which stood in the name of her husband, she submitted an application on 12.03.2020 before the respondent. Since no response is forthcoming, the petitioner has filed the present Writ Petition.

5.The learned Additional Government Pleader appearing for the respondent submitted that the application of the petitioner dated 12.03.2020 will be considered and appropriate orders be passed within a time frame to be fixed by this Court.

6.Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondent to consider the application of the petitioner dated 12.03.2020 and pass appropriate orders on merits and in accordance in law, within a period of three months from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any. 3/5 http://www.judis.nic.in W.P(MD)No.7801 of 2020

7.With the above direction, the Writ Petition is disposed of. No costs.

21.07.2020 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. Index :Yes/No Internet : Yes/No ps 4/5 http://www.judis.nic.in W.P(MD)No.7801 of 2020 D.KRISHNAKUMAR, J.

ps To The Tahsildar, Kodaikanal Taluk Office, Kodaikanal, Dindigul District.

Order made in W.P.(MD)No.7801 of 2020 Dated:

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