Mrs.L.Malliga v. The District Collector
THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.04.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.13328 of 2016 L.Malliga ... Petitioner vs.
1.The District Collector, 2.The District Revenue Officer, 3.The Sub Collector, Cheiyar, 4.The Tahsildar, Vandhavasi, ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, directing the respondents to measure, earmark the boundaries, change the UDR patta and issue patta in the name of the petitioner to an extent of 60 cents for the land comprised in Old Survey No.31, New Survey No.31/3 situated at Kiznamandi Village, Vandavasi Taluk, Thiruvannamalai District on the basis of the representations dated 29.4.2015, 5.6.2015 and 4.12.2015 sent by the petitioner within the period stipulated by this Court. For Petitioner :
Mr.R.Murali For Respondents :
Mr.K.Thanga Pandi, Govt. Advocate.
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents to measure, earmark the boundaries, change the UDR patta and issue patta in her name in respect of the land measuring to an extent of 60 cents comprised in Old Survey No.31, New Survey No.31/3 situated at Kiznamandi Village, Vandavasi Taluk, Thiruvannamalai District on the basis of her representations dated 29.4.2015, 5.6.2015 and 4.12.2015 within the period stipulated by this Court.
3. The case of the petitioner, in brief, is as follows:- (a) Originally, the land measuring to an extent of 1.88 acres comprised in Survey No.31, situated at Kizhnamandi Village, Vandavasi Taluk, Thiruvannamalai District was owned and possessed by several persons, who had also obtained patta in their names to their respective portions. In the said land, one Kittusamy Pillai owned an extent of 20 cents of land and one Arumuga Chetty owned an extent of 40 cents. The said Kittusamy Pillai sold his 20 cents of land to one Ramalinga Chetty by way of registered sale deed dated 9.6.1951. After the demise of said Ramalinga Chetty, his children viz., Rajendran and Jothi inherited the said property. The said Rajendran and Jothi sold the said land to the petitioner herein by way of sale deed dated 23.11.2015 registered as document No.1995 of 2015 before the SRO, Thellar.
(b) Similarly, the said Arumuga Chetty, who was the owner of the land measuring to an extent of 40 cents comprised in Survey No.31/1, situated at Kizhnamandi Village, Vandavasi Taluk, Thiruvannamalai District, sold the same to one Mangaiyammal by way of sale deed dated 5.11.1963, who in turn, sold the same to one Ponnammal by way of registered sale deed dated 29.12.1975. On 25.3.2015, the petitioner purchased the said land along with other lands from Ponnammal vide document No.569 of 2015. By virtue of the above said two sale deeds dated 23.11.2015 and 25.3.2015, the petitioner is in possession and enjoyment of the said land without any hindrance from anybody.
(c) Thereafter, the petitioner made detailed representations dated 29.4.2015 and 5.6.2015 to the second respondent requesting him to correct the patta and to survey the lands and earmark the boundaries. But, the same is kept pending
till date. Aggrieved by the same, she made a further representation to the first respondent, who in turn forwarded the same to the fourth respondent. But, the same is also pending before the fourth respondent till date. In this regard, she has also made a further representation dated 4.12.2015 to the respondents requesting them to correct the patta and to survey the lands and earmark the boundaries. Since the same was also not considered so far, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.
4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who has taken notice on behalf of the respondents.
5. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the fourth respondent to consider the representation of the petitioner dated 4.12.2015 and pass appropriate orders / take appropriate action, on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioner as well as to the necessary parties, if any, 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 merits of the claim made by the petitioner and it is for the fourth 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 sbi To 1.The District Collector,
2.The District Revenue Officer, 3.The Sub Collector, Cheiyar, 4.The Tahsildar, Vandhavasi, +1 cc to Mr.R.Murali Advocate sr.22621 +1 cc to Government Pleader sr.22763 W.P.No.13328 of 2016 aa02/05/2016