E.Muthammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH E.Muthammal W/o. Late Elumalai, No.247, Thillayaati Valliammai Street, Unamanchery Village, Vandalur Taluk, Chengalpaatu District- 600 048.
Petitioner Vs
1. The District Collector, Chengalpattu District, Chengalpattu.
2.The District Revenue Officer, Chengalpattu.
3.The Revenue Divisional Officer, Chengalpattu Division, Chengalpattu.
4.The Tahsildar Vandalur Taluk Office, Chengalpattu - 603 001.
5.The Revenue Inspector Vandalur Taluk, Chengalpattu District.
6.The Village Administrative Officer, No.11, Kolapakkam, 12, Unaimancheri, Chengalpattu Taluk.
7.NAGAPPAN 1/6
No.196, Periyar Street, Unamanchery Village, Vandalur Taluk, Chengalpattu District.
8.BALAKRISHNAN No.413/277, Yeri Karai 2nd Streeet, Unamanchery Village, Kollapakkam Post- 600 127, Chengalpattu District.
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 4th respondent to consider the petitioner's representation dated 05.08.2024 with regard to the issuance of patta in respect of the property situated in Unamanchery Village, Vandalur Firka, Vandalur Taluk, Chengalpattu District, measuring an extent of 0.04 cents comprised in Nanjai S.No.207/ 2B2A.
For Petitioner : Mr.C.Santhosh Kumar For Respondents : Mr.A.Selvendran Special Government Pleader [R1 to R6] *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the fourth respondent to consider the representation made by the petitioner on 05.08.2024 wherein the petitioner has sought for issuance of patta in her name with respect to the subject property.
2. Heard Mr.C.Santhosh Kumar, learned counsel for petitioner 2/6
and Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 to 6.
3. The main grievance expressed by the petitioner is that the property was originally owned by the petitioner's husband and on his demise on 01.05.2015, the petitioner along with her children became the absolute owners of the subject property. However, a joint patta has been issued in the name of respondents 7 and 8 in Patta No.6707 pertaining to the subject property. In view of the same, the petitioner made a representation to the fourth respondent on 05.08.2024 seeking for cancellation of patta and for issuance of patta in the name of the petitioner. A similar writ petition came to be filed in W.P.No.25200 of 2022 by one Rajeshwari, who is the adjacent land owner, seeking for a direction to issue patta in her name and the said writ petition was disposed of by this Court by order dated 20.09.2022 by directing the Tahsildar to pass appropriate orders within a time frame.
4. In the considered view of this Court, the mistake in granting patta in the names of respondents 7 and 8 had taken place during the UDR scheme. Therefore, the Tahsildar cannot deal with the same and if 3/6
at all any correction has to be made, it can only be done by the District Revenue Officer, who is the competent authority. In view of the same, there shall be a direction to the petitioner to submit a fresh representation to the second respondent along with necessary documents and also a copy of this order. The second respondent, on receipt of the same, shall conduct enquiry by affording opportunity to the respondents 7 and 8 and final orders shall be passed within a period of eight (8) weeks from the date of receipt of fresh representation from the petitioner. This writ petition is disposed of with the above direction. No costs.
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1. The District Collector, Chengalpattu District, Chengalpattu.
2.The District Revenue Officer, Chengalpattu.
3.The Revenue Divisional Officer, 4/6
Chengalpattu Division, Chengalpattu.
4.The Tahsildar Vandalur Taluk Office, Chengalpattu - 603 001.
5.The Revenue Inspector Vandalur Taluk, Chengalpattu District.
6.The Village Administrative Officer, No.11, Kolapakkam, 12, Unaimancheri, Chengalpattu Taluk.
N.ANAND VENKATESH, J 5/6
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