Shyamaladevi v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.03.2024 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN -- Shyamaladevi .. Petitioner Vs.
1. The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai, PIN CODE: 600 005.
2. The District Collector, Namakkal District, Namakkal - 637 003.
3. The Revenue Divisional Officer, Thiruchengode, Namakkal District - 637 214.
4. The Tahsildar, Thiruchengode Taluk, Namakkal District - 637 211.
5. Dhayanithi .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the responents 3 and 4 to include the name of the petitioner in the beneficiary list for allotment of house-site in Survey Nos.72/1, 72/15 and 72/27 situate at Bharathiyar Nagar, Kaliaptti, Kezhilmugam Village, Mallasamuthiram, Thiruchengode Taluk, Namakkal District,
based on the communication of the second respondent to the third respondent in Na.Ka.No.2048/2023/03, dated 22.12.2023.
For petitioner : Mr.C.Prabakaran For respondents: Mr.T.Arunkumar, Addl.G.P. for RR-1 to 4 Mr.I.Sheik Mohamed for R-5
ORDER
The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the responents 3 and 4 to include the name of the petitioner in the beneficiary list for allotment of house-site in Survey Nos.72/1, 72/15 and 72/27 situate at Bharathiyar Nagar, Kaliaptti, Kezhilmugam Village, Mallasamuthiram, Thiruchengode Taluk, Namakkal District, based on the communication of the second respondent to the third respondent in Na.Ka.No.2048/2023/03, dated 22.12.2023.
2. The petitioner has prayed for issuance of a Writ of Mandamus to direct for issuance of a joint patta, whereas, the petitioner has stated in her representation that the properties are ancestral properties of the parents of the petitioner, and the petitioner and the fifth respondent have jointly been enjoying the properties along with their parents. Therefore, though the parents have given No Objection Certificate to issue joint patta in favour of his brother, the present Writ Petition is filed to direct the respondents 3 and 4 to include the
name of the petitioner in the beneficiary list for allotment of house-site in the survey numbers stated above, and for issuance of joint patta.
3. Hence, the petitioner is not entitled to the relief sought for. If at all the petitioner wants to get some relief or the other, she can approach the Civil Court and establish her right, title and interest over the property in question, if she is so advised.
4. With the above observations, the Writ Petition is dismissed. There shall be no order as to costs.
19.03.2024 cs To
1. The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai, PIN CODE: 600 005.
2. The District Collector, Namakkal District, Namakkal - 637 003.
3. The Revenue Divisional Officer, Thiruchengode, Namakkal District - 637 214.
4. The Tahsildar, Thiruchengode Taluk, Namakkal District - 637 211.
P.VELMURUGAN, J cs 19.03.2024