Mrs.Mallika v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Mrs.Mallika ... Petitioner Vs.

1. The Sub Collector Office of the Sub Collectorate Jakahampettai, Tindivanam, Villupuram District - 604 001

2. The Revenue Divisional Officer Villupuram District Collector Complex Villupuram - 605 602

3. The Tahsildar Marakkanam & Post Marakkanam, Villupuram - 604 303 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to the 1st respondent to dispose of the petition dated 29.11.2023 for issuance of Patta in favour of the petitioner for her property situated in Survey Nos.563/7, 581/8, 581/9 and 464/3 in Marakkanam South Revenue Village in Marakkanam Taluk, Villupuram District, in time bound manner.

For Petitioner : Mr.R.Swarnavel For Respondent Mr.R.Vigneshwaran Government Advocate 1/5

ORDER

This Writ Petition is filed seeking a Writ of Mandamus to the 1st respondent to dispose of the petition dated 29.11.2023 for issuance of Patta in favour of the petitioner for her property situated in Survey Nos.563/7, 581/8, 581/9 and 464/3 in Marakkanam South Revenue Village in Marakkanam Taluk, Villupuram District, in time bound manner.

2. The case of the petitioner is that one Pachaiyamma who is the sisterin-law of the petitioner, influenced the authorities and caused to conduct the proceedings in K:/K(m2)/688/2023 hastily and got her name included in the Patta for the property owned by the petitioner. Hence, the petitioner moved a petition dated 29.11.2023 before the 1st respondent to issue a Patta in her favour for her properties as stated above. However, no action has been taken. Hence, the present Writ Petition is filed before this Court.

3. Mr.R.Vigneshwaran, learned Government Advocate takes notice for the respondents.

4. Since this Writ Petition is filed seeking a simple writ of mandamus, without going into the merits of the case, this Court is inclined to direct the respondents to consider the petitioner's appeal.

5. Though as against the order passed by the first respondent, dated 2/5

07.11.2023, the petitioner filed an appeal dated 29.11.2023 wrongly before the 1st respondent, but the District Revenue Officer is the appellate authority. Therefore, the 1st respondent is directed to forward the appeal dated 29.11.2023 filed by the petitioner, to the DRO concerned immediately within a period of one week from the date of receipt of a copy of this order or the petitioner is directed to submit a fresh appeal before the DRO within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the DRO shall issue notice to the petitioner and to the persons whose names are found in the Joint Patta and also to the interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law, within a period of three months from the date of receipt of petitioner's appeal.

6. With the above directions, the Writ Petition is disposed of at the admission stage itself. No costs.

30.01.2024 ksa-2 Index : Yes / No 3/5

To

1. The Sub Collector Office of the Sub Collectorate Jakahampettai, Tindivanam, Villupuram District - 604 001

2. The Revenue Divisional Officer Villupuram District Collector Complex Villupuram - 605 602

3. The Tahsildar Marakkanam & Post Marakkanam, Villupuram - 604 303 4/5

P.VELMURUGAN. J.

Ksa-2 30.01.2024 5/5