Smt. C. Saraswathi vs The Tehsildar & Port Blair
2021 Latest Caselaw 859 Cal

 D/L 8.
3.02.2021
   S.D.

                             (CIRCUIT BENCH AT PORT BLAIR)
                                   W.P.A. 2750 of 2021
                                   Smt. C. Saraswathi
                                           Vs.
                                The Tehsildar & Port Blair

               Ms. Anjali Nag
                                               ...For the Petitioner.
               Mr. Arul Prasant
                                               ...For the Respondent.

The writ petitioner has sought for a direction upon the

respondent to consider and dispose of the application for

mutation of the land bearing Survey No. 419 measuring an

area of 350 sq. mt. situated at Garacharma village under Port

Blair Tehsil, South Andaman District as per the decree and

judgment dated 30.12.2019 passed by the learned Court of

Joint Civil Judge (Senior Division) at Port Blair submitted by

the petitioner on 11.3.2020.

The background leading to the case is that the suit land

originally belonged to the mother of the writ petitioner late

Alagammal who was recorded tenant in respect of the said

land. The petitioner filed application for mutation of the land

as per the decree and judgment dated 30.12.2019 passed by

the Civil Judge (Sr. Division) at Port Blair in Title Suit No. 223

of 2011 dated 30.12.2019. After the expiry of the mother of

the writ petitioner, she got disputes with regard to amicable

partition of the suit land. So, she filed the said suit in the

Civil Court which got decreed in her favour in respect of her

1/4th share in the suit property.

It is submitted that the respondent, Tehsildar, Port Blair

is not paying heed to the representation submitted by way of

an application on 11.3.2020 for mutation of the land in

question in terms of the decree granted by the Civil Court in

her favour.

Mr. Prasant, for the respondent submits in unequivocal

term that necessary direction may be given to the respondent

Tehsildar to consider the representation of mutation of the

land in favour of the petitioner within a specified time.

Having regard to the fact and upon hearing the learned

counsel for both the parties and further in consideration of

the decree in respect of the land in question in favour of the

writ petitioner, the writ application being W.P.A. 2750 of 2021

is disposed of with the direction upon the respondent

Tehsildar to take into consideration the representation so

made by the petitioner within a period of four weeks from

the date of communication of the order in the light of the

judgment and decree passed by the Civil Judge (Senior

Division), Port Blair after giving opportunity to the petitioner

of being heard and to pass a reasoned order in respect of the

mutation of the land in her name which be communicated

within a week thereafter to the petitioner.

Accordingly, the Writ Application being W.P.A. No.

2750 of 2021 is decided and disposed of.

No order as to costs.

Urgent certified copies of this order, if applied for, be

supplied to the parties upon compliance of the usual

formalities.

(Shivakant Prasad, J.)