Deivanayaki v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 7193 of 2024 Deivanayaki ... Petitioner versus 1.The District Collector, O/o.Tiruvallur District Collector, Tiruvallur.

2.The Tahsildar, O/o.Ponneri Tahsildar, Ponneri Taluk, Tiruvallur District.

3.Prasanna 4.Navjit Singh Grewal 5.The Revenue Divisional Officer, Tiruvallur District.

... Respondents [5th respondent is suo motu impleaded as per order of this Court dated 20.03.2024] Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing respondents 1 and 2 to dispose of Pg.Nos.1/6

the petitioner's representation dated 29.01.2024 and cancel the wrong entry made in Patta Nos.11241, 11828, 11831 and include the names of the legal heirs of Ramalingam in the Revenue Records in the above said Patta in accordance with law.

For Petitioner :

Ms.D.Bharathy For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1, R2 and R5

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for respondents 1, 2 and 5. Since this writ petition is being disposed of without passing any adverse orders against respondents 3 and 4, affecting their interest, notice to those respondent is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing respondents 1 and 2 to dispose of the petitioner's representation dated 29.01.2024 and cancel the wrong entry made in Patta Nos.11241, 11828, 11831 and include the names of the legal heirs of Ramalingam in the Revenue Records in the above said Pattas in accordance with law.

3. The main grievance of the petitioner is that even though she has Pg.Nos.2/6

given a representation on 29.01.2024, till date, respondents 1 and 2 have not considered the said representation.

4. The learned Additional Government Pleader appearing for the official respondents submitted that the Revenue Divisional Officer, who is not a party to the writ petition, is the competent authority to consider the representation of the petitioner as the petitioner sought to cancel the Pattas wrongly issued in favour of respondents 3 and 4 and include the names of the legal heirs of Ramalingam in the Revenue Records.

5. Hence, the Revenue Divisional Officer, Tiruvallur District is suo motu impleaded as fifth respondent in this writ petition

6. Heard both sides and perused the materials available on record.

7. Since this writ petition is only for a mandamus, to direct respondents 1 and 2 to consider the representation of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the fifth respondent/Revenue Divisional Officer to consider the representation of the petitioner dated 29.01.2024, after giving due Pg.Nos.3/6

opportunity of hearing to the petitioner and respondents 3 and 4 as well as interested parties/rival claimants/objectors/aggrieved parties if any, as the case may be and pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

8. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

20.03.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6

To 1.The District Collector, O/o.Tiruvallur District Collector, Tiruvallur.

2.The Tahsildar, O/o.Ponneri Tahsildar, Ponneri Taluk, Tiruvallur District.

3.The Revenue Divisional Officer, Tiruvallur District.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 20.03.2024 Pg.Nos.6/6