Ellammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Ellammal ..

Petitioner vs

1. The District Collector of Kallakurichi Collectorate, Kallakurichi.

2. The Revenue Divisional Officer Revenue Divisional Office Kandachipuram, Kallakurichi District.

3. The Tahsildar, Taluk Office Arakandanallur, Villupuram District.

..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent herein to conduct an enquiry and make necessary entry in "A" register of the Adukkam village and issue Pata in the name of the petitioner for the Punja land measuring 25 cents, comprised in Survey No.8/4 and Punja lands measuring 45 cents comprised in Survey No.33/4, totalling 70 cents at Adukkam Village, Thirukkovilur Taluk, Villupuram District by considering the petitioner's representation dated 14.02.2022.

For Petitioner :

Mr.D.Babu Varadharajan For Respondents :

Mr.P.Sathish Additional Government Pleader 1/5

ORDER

The prayer sought for herein is for a Writ of Mandamus, directing the third respondent herein to conduct an enquiry and make necessary entry in "A" register of the Adukkam village and issue Pata in the name of the petitioner for the Punja land measuring 25 cents, comprised in Survey No.8/4 and Punja lands measuring 45 cents comprised in Survey No.33/4, totaling 70 cents at Adukkam Village, Thirukkovilur Taluk, Villupuram District by considering the petitioner's representation dated 14.02.2022.

2. Even though such larger prayer has been sought for in this writ petition, the learned counsel appearing for the petitioner would submit that, the representation submitted by the petitioner dated 14.02.2022 to the respondents, especially the third respondent / Tahsildar, may be directed to be considered and decided, on merits and in accordance with law, within a time frame to be stipulated by this Court and with this the petitioner would be satisfied.

3. In the said representation, the petitioner sought for Patta for the land in Punjai Survey No.8/4 and Punjai Survey No.33/4 at Adukkam Village, Thirukkovilur Taluk, Villupuram District and the petitioner claim that the petitioner became owner of the property because of the will executed by her 2/5

mother.

4. I have heard Mr.P.Sathish, learned Additional Government Pleader appearing for the respondent who would submit that, whether the petitioner would be entitled to get patta or not would be enquired based on the representation submitted by the petitioner dated 14.02.2022 and accordingly, it would be considered and decided by the third respondent, on merits and in accordance with law, within a time frame to be stipulated by this Court.

5. Considering the said submission made by the learned Additional Government Pleader appearing for the respondents, this Court directs the third respondent / Tahsildar to consider the representation of the petitioner dated 14.02.2022 and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With these directions the writ petition is disposed of. There will be no order as to costs.

Index: Yes/No 24.02.2023 drm To 3/5

1. The District Collector of Kallakurichi Collectorate, Kallakurichi.

2. The Revenue Divisional Officer Revenue Divisional Office Kandachipuram, Kallakurichi District.

3. The Tahsildar, Taluk Office Arakandanallur, Villupuram District.

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R. SURESH KUMAR, J.

(drm) 24.02.2023 5/5