Deepa v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.4656 of 2025 Deepa ... Petitioner Vs.
1.The District Collector, Collectorate, Government Garden, Tirupattur - 635 601.
2.The Revenue Officer, Dharmapuri, Kamarajar Nagar, Tirupattur - 635 601.
3.The Revenue Divisional Officer, Dharmapuri, Kamarajar Nagar, Tirupattur - 635 601.
4.The Municipal Commissiner, 131, Parthasarathy Street, Natrampalli Road, Jolarpettai - 635 851.
5.The Tashildar, Kamarajar Nagar, SH 131, Dharmapuri, Tirupattur - 635 601.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the fourth respondent to consider the representation dated 12.08.2024. Page No.1 of 7
For Petitioner :
M/s.V.Srimathi For Respondents 1, 3 & 5 :
Mr.Naveen Kumar, Government Advocate For Respondent 4 :
Mr.P.Srinivasan, Standing Counsel
O R D E R
The petitioner has filed this petition to direct the fourth respondent to consider the representation dated 12.08.2024.
2. Since no adverse order has been passed, this writ petition is taken up for final hearing.
3. The case of the petitioner is that she has inherited her family property that stands in the name of her mother admeasuring 0.50 cents and 1 acre. As per the documents, the total extent inherited by the petitioner consolidates to 1 acre 50 cents. The respondents have chosen to use around 28 cents out of 1 acre and 50 cents as a pathway for the general use of public and the petitioner was unaware that the revenue records have also been mutated in the name of the panchayat for the portion of the lands that stand in the name of the Page No.2 of 7
petitioner. It was identified that some corrections were made in the patta without the petitioner's knowledge, thereby removing about 28 cents from the land of the petitioner. Therefore, the petitioner's husband has specifically informed the revenue officials to conduct a survey and when the respondents attempted to survey the land, the petitioner's husband was unavailable at that time. Thereafter, the petitioner's husband approached the fourth respondent and submitted his representation dated 12.08.2024 However, the same was not considered. Hence, the petitioner has come forward with the present writ petition.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the fourth respondent to consider the representation dated 12.08.2024 and pass appropriate orders on merits and in accordance with law, within a particular time frame stipulated by this Court.
5. Learned Additional Government Pleader appearing for the respondent has no objection for the said order being passed by this Court. Page No.3 of 7
6. Heard the learned counsel on either side and perused the materials placed on record.
7. Considering the limited prayer sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the fourth respondent to consider the representation dated 12.08.2024, after giving due notice to the petitioner as well as to the aggrieved person if any by mentioning the date of inspection/survey, opportunity of personal hearing and pass appropriate orders on merits, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
8. This writ petition is disposed of with the aforesaid observation and directions. No costs.
12.02.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No Page No.4 of 7
To:
1.The District Collector, Collectorate, Government Garden, Tirupattur - 635 601.
2.The Revenue Officer, Dharmapuri, Kamarajar Nagar, Tirupattur - 635 601.
3.The Revenue Divisional Officer, Dharmapuri, Kamarajar Nagar, Tirupattur - 635 601.
4.The Municipal Commissiner, 131, Parthasarathy Street, Natrampalli Road, Jolarpettai - 635 851.
5.The Tashildar, Kamarajar Nagar, SH 131, Dharmapuri, Tirupattur - 635 601.
Page No.5 of 7
J.SATHYA NARAYANA PRASAD,J.
vm Page No.6 of 7
12.02.2025 Page No.7 of 7