Kavitha, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.8609 of 2014 Kavitha

...Petitioner

Vs

1. The District Collector, Salem, Salem District

2. The District Revenue Officer, Salem, Salem District

3. The Tahsildar, Mettur Taluk, Salem District

4. Manickam

5. Govinda Ammal (R4 and R5 impleaded as per order dated 16.06.2014 by BRJ in M.P.No.1 of 2014)

...Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to issue the patta in the name of the petitioner.

For Petitioner :Ms.L.Srilekha For Respondents :Mr. V.Jayaprakash Narayanan Special Government Pleader for R1 to R3

O R D E R

Heard Ms. L.Srilekha, learned counsel appearing for the petitioner and Mr. V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the first to third respondents.

2. The petitioner seeks to issue a Writ of Mandamus directing the 3rd respondent herein to issue the patta in the name of the petitioner in respect of the land in question, which is comprised in Survey Number 493/1E2, Mechery village.

3.The 4th respondent is said to be the relative of the petitioner, who according to the petitioner has fraudulently obtained a settlement deed from Tmt.Govindammal. In this connection, a criminal case is pending against the 4th respondent. Further, it is submitted that the 4th respondent filed a suit https://hcservices.ecourts.gov.in/hcservices/

against the petitioner and her mother Tmt.Malarkodi in O.S.No.23 of 2013 and sought for interim injunction in I.A.No.118 of 2013, which was dismissed by the District Munsif Court, Metturdam by an order dated 16.09.2013. It is stated that the 4th respondent did not participate in further proceedings.

4. In the light of the above facts, the petitioner is directed to enclose a copy of the representation along with the copy of this order and forward the same to the 3rd respondent and on receipt of the same, the 3rd respondent shall consider the petitioner's representation dated 24.01.2014 after conducting enquiry between the petitioner and the 4th and 5th respondents, shall pass orders on merits and in accordance with law within a period of three months thereafter.

With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar Dated:20.2.15 True Copy Sub Assistant Registrar To

1. The District Collector, Salem, Salem District

2. The District Revenue Officer, Salem, Salem District

3. The Tahsildar, Mettur Taluk, Salem District +1 cc to M/s.L.Srileka, Advocate,sR.8009 +1 cc to Government Pleader,SR.8068.

rsk(co) krd 3/3 W.P.No.8609 of 2014 https://hcservices.ecourts.gov.in/hcservices/