Chinnamal v. The District Collector
In the High Court of Judicature at Madras Dated : 23.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.1541 of 2025 Chinnamal
...Petitioner
Vs 1.The District Collector, Office of the District Collector, Erode District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Erode District - 638001.
3.The Tahsildar, Office of the Tahsildar, Kodumudi, Erode District - 638151.
4.The Village Administrative Officer, Office of the Village Administrative Officer, Anjur Village, Erode District.
638151.
5.Duraisamy
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to consider the petitioner's representation dated 26.11.2024 and to conduct a fair and proper enquiry and pass appropriate order.
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For Petitioner :
Mr.B.Gokul Priyan For R1 to R4 :
Mr.R.P.Murugan Raja, GA
ORDER
Seeking a direction to respondents 2 and 3 to consider the petitioner's representation dated 26.11.2024 for conducting a fair inquiry, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for respondents 1 and 2.
3. The case of the petitioner is that she is the owner of the property measuring 22.4 cents in S.No.456/1B, Anjur Village, Kodumudi Taluk, Erode District. She purchased it vide sale deed dated 30.5.1985 registered as doc.No.530 of 1985 on the file of the SubRegistrar, Sivagiri. Thereafter, the revenue records were mutated in her favour. The petitioner sold 13 cents out of 22.4 cents in S.No.456/1B to one Mr.Prashanth and one Mr.Aravind vide sale deed dated 22.10.2024 registered as doc.No.2368 of 2024 for a valid sale consideration. Later, the remaining extent of 9.43 cents was subdivided into S.No.456/1B2.
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4. On 30.11.2024, the petitioner came to know that the patta, which stood in the name of the petitioner has been erroneously transferred in the name of the fifth respondent. Hence, the petitioner made a representation dated 26.11.2024 to the Chief Minister Cell and respondents 1 to 4 seeking to conduct an inquiry for illegally removing the name of the petitioner and for including the name of the fifth respondent and to restore the name of the petitioner in the patta. As it did not evoke any response, the petitioner has come forward with this writ petition.
5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the second respondent to consider the representation of the petitioner dated 26.11.2024 to conduct a fair inquiry into the illegal transfer of patta in the name of the fifth respondent and to remove his name from the patta on merits and pass appropriate orders in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. No costs. 23.1.2025 RS 4/5
P.T.ASHA,J RS To 1.The District Collector, Office of the District Collector, Erode District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Erode District - 638001.
3.The Tahsildar, Office of the Tahsildar, Kodumudi, Erode District - 638151.
4.The Village Administrative Officer, Office of the Village Administrative Officer, Anjur Village, Erode District.
638151.
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