Rasathi v. Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.01.2025

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA Rasathi

...Petitioner

Vs.

1.Revenue Divisional Officer, Virudhachalam Sub Division, 2.Revenue Tahsildar, Thittagudi Taluk Office, 3.Metha

...Respondents

Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the first respondent to dispose the appeal submitted by the petitioner dated 09.09.2023, within a time fixed by this Court, in accordance with law.

For Petitioner : Mr.Velmurugan For Respondents : Mr.A.Selvendran for R1 & R2 Special Government Pleader 1/5

O R D E R

This Writ Petition is filed to direct the first respondent to dispose the appeal submitted by the petitioner dated 09.09.2023, within a time fixed by this Court, in accordance with law.

2.The petitioner would submit that she is in possession and enjoyment of Natham house in S.No.259/12 measuring about 00048 sq.mtr. situated at Vathistapuram Village, Thittagudi Taluk, Cuddalore District. However, the third respondent is claiming a right to the property claiming the same as petitioner's grand children and in the year 2017, the third respondent trespassed into her house and evacuated the petitioner. On 20.06.2020 during Covid-19 pandemic, without hearing the petitioner as well as without issuing any notice to the petitioner, the second respondent Tahsildar issued patta to the third respondent.

3.Therefore, the petitioner made an appeal to the first respondent on 09.09.2023. Despite the receipt of the said appeal, the steps have not been taken to cancel the patta standing in the name of the third respondent and restoring the name of the petitioner. Therefore, the petitioner has filed the 2/5

above Writ Petition for mandamus.

4.Considering the limited request, mandamus is issued to the first respondent to consider the appeal dated 09.09.2023 submitted by the petitioner for cancelling the patta issued to the third respondent, after giving due notice to the petitioner as well as the third respondent and pass orders after giving them a personal hearing and an opportunity to submit their records. The first respondent shall pass a speaking order, within a period of 4 weeks from the date of receipt of a copy of this order. 5.The Writ Petition is allowed. No costs.

21.01.2025 Index : Yes/No Speaking Order : Yes/No : Yes/No pam To 1.The Revenue Divisional Officer, Virudhachalam Sub Division, 2.The Revenue Tahsildar, 3/5

Thittagudi Taluk Office, 4/5

P.T.ASHA, J.

pam 21.01.2025 5/5