Tmt.Anandavalli v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2023

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Tmt. Anandavalli

...Petitioner

Vs

1. The Sub District Collector Cuddalore District

2. The District Revenue Office, Cuddalore District

3. The Revenue Divisional Officer Cuddalore, Cuddalore District

4. The Thasildhar Cuddalore Taluk Cuddalore District

5. The Revenue Inspector, Manjakkuppam, Cuddalore District

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other writ or order or direction 1/6

in the nature of writ, directing the respondents to consider the petitioner's representation dated 28.08.2019 and 16.09.2022 and thereby direct the respondents to issue patta in the name of petitioner in respect of the property situated in T.S.No.14/1, chellankuppam Village, Cuddalore Taluk and District to an extent of 1.58 cents. For Petitioner : Mr. B.Gopalakrishnan For Respondents : Mrs. Akila Rajendran Govt Advocate

ORDER

Heard the learned counsel for the petitioner and Mrs.Akila Rajendran, learned Government Advocate who accepts notice for respondents 1 to 5. With consent of both sides counsel, the Writ Petition is taken up for passing orders at the admission stage itself.

2. It is averred in the writ petition that the petitioner and her husband were working under one Rajathiammal and as a tenant of the estate owned by the said Rajathiammal, planted coconut trees and were paying the lease amount to the land owner. While so, under the Land Reforms Act by the Special Tahsildar, the Government of Tamil Nadu 2/6

acquired the land to an extent of 2.58 cents. According to the petitioner, property to an extent of 1.58 cents has been given to her to enjoy and cultivate the same and as such, she paid the lease amount to the Sub Treasury, Cuddalore from 1982 itself. The petitioner submits that she constructed a house in the above property, paid necessary taxes and have aadhar card, ration card, voter identity card and revenue tax receipt to prove her possession for more than a period of 50 years.

3. The petitioner's submission is that the Adangal register clearly shows that she is in possession and enjoyment of the property. Therefore, her husband sent representation to the respondents to issue patta in his name but the same has not been considered, while so, on 03.03.1999, her husband died. Therefore, the petitioner is said to have sent representations in the year 2010, 2011 and 2018 to the respondents requesting to issue patta in her name. The 4th respondent has forwarded the representation to the 5th respondent for necessary action, but no action has been taken so far.

4. The petitioner would pray for a direction to the respondents to 3/6

consider her representation dated 28.08.2019 and 16.09.2022 for issue of patta as she is now 87 years old.

5. The learned Government Advocate, would submit that the respondents may be given eight weeks time to consider and pass orders on the representation of the petitioner.

6. Considering the submissions and the facts of the case, without going into the merits of the petitioner's claim, there shall be a direction to the respondents to consider the petitioner's representation dated 28.08.2019 and 16.09.2022 and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition stands disposed of. No costs.

10.03.2023 dsa/nvsri 4/6

To

1. The Sub District Collector Cuddalore District

2. The District Revenue Office, Cuddalore District

3. The Revenue Divisional Officer Cuddalore, Cuddalore District

4. The Thasildhar Cuddalore Taluk Cuddalore District

5. The Revenue Inspector, Manjakkuppam, Cuddalore District 5/6

J.NISHA BANU,J.

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