R.Kanimozhi v. The Revenue Divisional Officer
In the High Court of Judicature at Madras Dated : 24.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.2004 of 2025 R.Kanimozhi
...Petitioner
Vs 1.The Revenue Divisional Officer, Gobichettipalayam, Erode District.
2.The Tahsildar, Sathyamangalam Taluk, Santhyamangalam, Erode District.
3.The Village Administrative Officer, Madampalayam Village, Sathyamangalam Taluk, Erode District.
4.Rajasekar, Village Administrative Officer, Nallur Village, Sathyamangalam Taluk, Erode District 5.Palanisamy
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to include the petitioner's name in Patta No.53 in respect of S.No.79/5A, Madampalayam Village, Sathyamangalam Taluk, Erode 1/4
District by disposing the written representation made by the petitioner on 17.10.2024 within a stipulated time as this Court fixes. For Petitioner :
Mr.C.Prakasam For R1 to R3 :
Mr.A.Selvendran, SGP
ORDER
Seeking a direction to respondents 1 and 2 to consider her representation dated 17.10.2024 to include her name in patta No.53 in respect of the property in S.No.79/5A, Madampalayam Village, Sathyamangalam Taluk, Erode District, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 to 3.
3. The case of the petitioner is that she owns agricultural lands in S.Nos.82/9B, 82/12, 79/5A, 82/3, 82/5, 82/2, 82/8, 79/4, 79/6, 76/1 and 76/10, Madampalayam Village, Sathyamangalam Taluk, Erode District. In order to reach her lands, there is a right to utilize a pathway through S.No.79/5A, a part of which belongs to the fifth respondent. Originally, a joint patta in patta No.53 was issued in respect of S.No.79/5A in the names of both the petitioner as well as the fifth respondent. But, after taking charge as the Village Administrative Officer in Madhampalayam Village in the leave vacancy 2/4
for 15 days, the fourth respondent colluded with the fifth respondent and got the patta in Patta No.53 issued in the name of the fifth respondent alone in respect of S.No.79/5A after removing the name of the petitioner without any notice whatsoever.
4. As no detailed order has been passed by the second respondent for removing the name of the petitioner in patta No.53 in respect of S.No.79/5A, she could not challenge the same before any court of law. Expressing her grievance, the petitioner sent a representation dated 17.10.2024 to respondents 1 and 2 in order to include her name also in the patta in respect of S.No.79/5A. As it did not evoke any response, the petitioner has come forward with this writ petition.
5. Considering the limited nature of the prayer sought, the writ petition is allowed and a Mandamus is issued to the second respondent to consider the said representation of the petitioner dated 17.10.2024 for inclusion of her name in patta No.53 in respect of S.No.79/5A 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.
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P.T.ASHA,J RS To 1.The Revenue Divisional Officer, Gobichettipalayam, Erode District.
2.The Tahsildar, Sathyamangalam Taluk, Santhyamangalam, Erode District.
3.The Village Administrative Officer, Madampalayam Village, Sathyamangalam Taluk, Erode District.
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