Mrs.R.Kalavathi v. The Revenue Divisional Officer
In the High Court of Judicature at Madras Dated : 20.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.814 of 2025 1.Mrs.R.Kalavathi 2.Mrs.Usha 3.Mrs.Chitra 4.Mrs.Akila Nandakumar
...Petitioners
Vs 1.The Revenue Divisional Officer, Collectorate, Tiruvallur.
2.The Tahsildar, Avadi, Tiruvallur District.
3.C.Kandasamy Trust, rep.by the Administrative General and Official Trustee, the Administrative General & Official Trustee of Tamil Nadu, Family Court Buildings, 1st Floor, High Court of Madras Campus, Chennai-104.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to dispose of the representation dated 26.9.2024 seeking cancellation of patta No.277 in respect of S.No.87/2 to an extent of Ac 0.99 Cents and to reissue patta in the names of the petitioners herein within a time frame fixed by this Court.
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For Petitioners :
Mr.Sankarasubbu For R1 & R2 :
Mr.P.Sathish, AGP
ORDER
Seeking a direction to the first respondent to dispose of the representation dated 26.9.2024 for cancellation of patta No.277 in respect of S.No.87/2, Ayanambakkam Village measuring Ac 0.99 Cents and to reissue patta in the names of the petitioners, the petitioners are before this Court.
2. Heard the learned counsel for the petitioners and the learned Additional Government Pleader accepting notice for respondents 1 and 2.
3. The case of the petitioners is as follows : (i) The petitioners claim that the subject property is their ancestral property. One Mr.A.R.Krishnaswamy Mudaliar owned the subject property. He died on 26.7.1985 leaving behind his wife, son and two daughters, who are none other than petitioners 2 and 3. The wife and son of the said Mr.A.R.Krishnaswamy Mudaliar died on 29.11.2002 and 30.1.2016 respectively. Petitioners 1 and 4 are the wife and the daughter of the son of the said Mr.A.R.Krishnasamy Mudaliar.
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(ii) When the fourth petitioner approached the Tahsildar, Poonamallee, it came to light that in respect of the subject property, patta No.277 has been issued in favour of the third respondent even in the year 2003. Contending that they are the rightful owners of the subject property, the petitioners sent a representation dated 26.9.2024 to the first respondent. As the same has not yet been considered, the petitioners are before this Court.
4. Considering the limited nature of the relief sought and without expressing any opinion on the merits of the case, the writ petition is allowed and a Mandamus is issued to the first respondent to consider the said representation of the petitioners dated 26.9.2024 on merits and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs. 20.1.2025 To 1.The Revenue Divisional Officer, Collectorate, Tiruvallur.
2.The Tahsildar, Avadi, Tiruvallur District.
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P.T.ASHA,J RS 20.1.2025 4/4