Pittchiammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.13204 of 2016 1 Pittchiammal ... Petitioner Vs.
1 The District Collector District Collectrate Office Namakkal District 2 The Tashildar Rasipuram District Collector Office Rasipuram Taluk Namakkal District 3 The Village Administrative Officer Mangalapuram Village Mangalapuram Post Rasipuram Taluk Namakkal District ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 2nd respondent consider to the petitioner's representation dated 22.02.2015 and mutate petitioner's name in the revenue records of the respondents For Petitioner :
Mr.S.Ravichandraan For Respondents :
Mrs.M.E.Rani Selvam Additional Government Pleader
O R D E R
The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 22.02.2015 and mutate her name in the revenue records of the respondents.
2. The case of the petitioner is that her mother Lakshmi died on 24.11.1992. The petitioner, her sister and her brothers, viz., Karuppayee, Kuppusamy, Anbuzhagan and Perumal, are the legal heirs of Mrs.Lakshmi. The petitioner's mother owned agricultural lands, situated at Uthampalayam, Magalapuram Village, comprised in Survey Nos.1386, 1400, 1397 and 1392. Apart from agricultural lands, a residential house in Survey No.1392 had been in possession and enjoyment of the petitioner's mother for more than 40 years. After the death of the petitioner's mother, the entire property has been devolved upon the petitioner, her sister and brothers. The petitioner has paid revenue tax to the authorities in the name of the petitioner's mother Lakshmi.
Thereafter, the petitioner has made several representations to the respondents for grant of patta in favour of the petitioner and her siblings, but the same was not considered. She has made the last representation dated 22.2.2016 to the respondents. Even the said representation was not considered. Hence, the petitioner has no other alternative, except to approach this Court with the relief mentioned above.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents.
4. In view of the limited scope of prayer made by the petitioner and considering the submissions made on either side, this Court directs the second respondent to consider the representation of the petitioner dated 22.2.2016 by affording an opportunity of personal hearing to the petitioner as well as her brothers and sister and all the necessary concerned parties, if any, with regard to issuance of patta in their individual names in respect of the properties comprised in Survey Nos.1386, 1400, 1397 and 1392, and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the claim made by the petitioner and it is for the second respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar ajr
To 1 The District Collector District Collectrate Office Namakkal District 2 The Tashildar Rasipuram District Collector Office Rasipuram Taluk Namakkal District 3 The Village Administrative Officer Mangalapuram Village Mangalapuram Post Rasipuram Taluk Namakkal District +1 cc to Mr.S.Ravichandran Advocate sr.22434 +1 cc to the Government Pleader sr.22491 W.P.No.13204 of 2016 aa28/04/2016