Rajeswari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.Nos.4651 and 4655 of 2024 Rajeswari ... Petitioner versus 1.The District Collector, District Collector Office, Perambalur.
2.The District Revenue Officer, District Revenue Office, Perambalur.
3.The Revenue Divisional Officer, Revenue Divisional Office, Perambalur.
4.The Tahsildar, Taluk Office, Perambalur.
5.Krishnan S/o.Kandasamy 6.Vigneshkumar S/o.Krishnan 7.Seenivasan S/o.Ranganathan Pg.Nos.1/7
8.Seenivasan S/o.Rangasamy 9.Vasantha W/o.Krishnamoorthy .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned Joint Patta No.1476 issued in 2023/0103/16/222192-SK469/1422 dated 09.12.2023 by the 4th respondent/Tahsildar, Perambalur and proceedings therein and quash the same as illegal and violation of principles of natural justice and consequently, directing the 4th respondent to modify/cancel the Joint Patta No.1476 issued in S.No.2/2A1A1 measuring an extent of acres 2.84 cents granted in favour of 5 to 9 respondents and including the petitioner's name and her property in the Joint Patta and restore the individual Patta No.1946 for petitioner's property of S.No.2/2C measuring an extent of 0.03 Ares (0.7.5 cents ) in the name of the petitioner. For Petitioner :
Mr.R.Venkatesulu For Respondents :
Mr.T.Arun Kumar Additional Government Pleader for R1 to R4
O R D E R
Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for respondents 1 to 4. Since this writ petition is being disposed of Pg.Nos.2/7
without passing any adverse orders against respondents 5 to 9 affecting their interest, notice to those respondents is dispensed with.
2. This writ petition has been filed to quash the impugned Joint Patta No.1476 issued in 2023/0103/16/222192-SK469/1422, dated 09.12.2023 by the fourth respondent/Tahsildar, Perambalur and proceedings therein, consequently, direct the fourth respondent to modify/cancel the Joint Patta No.1476 issued in respect of the land in Survey No.2/2A1A1, measuring an extent of acres 2.84 cents in favour of respondents 5 to 9 including the petitioner's name and her property and restore the individual Patta No.1946 which was issued to the petitioner in her favour in respect of property in Survey No.2/2C, measuring an extent of 0.03 Ares (0.7.5 cents ).
3. The case of the petitioner is that she purchased the property measuring an extent of 0.3.0 Ares (7.5 cents) in S.No.2/2C, situated at Thoramangalam Village, Perambalur Taluk and District, vide registered sale deed in Doc.No.4106/2012, dated 04.07.2012 from Ahmed and others. Thereafter, in the year 2012, the petitioner obtained individual Patta for the Pg.Nos.3/7
aforesaid property, vide Patta No.1946. While that being so, the fourth respondent herein, without issuing any notice or conducting enquiry vide impugned order dated 09.12.2023, has issued joint Patta in Patta No.1476 by including the petitioner's name, along with the private respondents 5 to 9 herein, in respect of the land in S.No.2/2A1A1, measuring an extent of acre 2.84 cents. Subsequently, the Revenue authorities have cancelled the petitioner's individual Patta in Patta No.1946 in respect of her property in S.No.2/2C, measuring an extent of 0.03 Ares (0.7.5 cents). Challenging the same, the present writ petition has been filed.
4. On a perusal of the records, it is seen that joint Patta issued by the fourth respondent on 09.12.2023 is only in respect of the land in S.No.2/2A1A1. However, it is seen from the documents produced by the petitioner that the petitioner has purchased the land in S.No.2/2C and not the land in S.No.2/2A1A1. The main contention of the petitioner is that, without affording due opportunity of hearing to the petitioner, the fourth respondent herein has issued joint Patta in Patta No.1476 including her name along with respondents 5 to 9 herein for the land in S.No.2/2A1A1 Pg.Nos.4/7
and cancelled the individual Patta No.1946 stood in her favour in respect of the property in S.No.2/2C.
5. Without going into the merits of the matter, this Court directs the respondents 1 to 4 to issue notice to the petitioner and respondents 5 to 9 herein as well as rival claimants/objectors/interested parties if any, conduct enquiry in the manner known to law and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order.
6. With the above directions, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
22.02.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.5/7
To 1.The District Collector, District Collector Office, Perambalur.
2.The District Revenue Officer, District Revenue Office, Perambalur.
3.The Revenue Divisional Officer, Revenue Divisional Office, Perambalur.
4.The Tahsildar, Taluk Office, Perambalur.
Pg.Nos.6/7
P.VELMURUGAN, J.
ms 22.02.2024 Pg.Nos.7/7