Chinnammal v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.13961 of 2015 and M.P.No.1 of 2015

1. Chinnammal

2. Kumar

3. Chinnamani

4. Gomathi .. Petitioners

Versus

1. The State of Tamilnadu Rep. by the District Collector Kanchipuram Kancheepuram District.

2 The Tahsildar Tambaram Chennai-45 Kancheepuram District.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 2nd respondent herein to enter the names of the all the petitioners herein in the revenue records of the respondents such as adangal chitta A-register patta etc. and issue joint patta for the said 3 cents of house site having joint patta No.2874 having survey number 1/1A1A1 (new survey number 1/1A1A2) and situate at Old No.160 and 101 New No.35 Hasthinapuram Village No.1 Hasthinapuram Main Road Nehru Nagar Chrompet Chennai 44 Tambaram Taluk Kanchipuram District in their joint names viz: 1. Chinnammal W/o.Late Rathnam 2. Kumar 3. Chinnamanai 4. Gomathi. For Petitioner : Mr.S.Arunkumar For Respondents : Mr.Rm.Muthukumar (for R1 & R2) Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioners claim that house site patta was issued in favour of the 1st petitioner's husband viz., Rathnam on 30.11.1958, in respect of a house site admeasuring to an extent of 9 cents in Hasthinapuram Main Road, Nehru Nagar, Chrompet, Chennai -44. Subsequently, a partition was effected between one Ayyanar and https://hcservices.ecourts.gov.in/hcservices/

Rathnam and they got 3 cents each and in this regard a 'Kooru Cheetu" was also executed and another brother of Rathnam viz., Arumugam made himself unavailable and elder brother Ayyanar died intestate and so also the petitioner's husband viz., Rathnam.

3. The petitioners would further state that some land grabbers and anti social elements, made attempt to grab the said land and in this regard, a detailed representation was submitted for joint patta in the office of the District Collector, the 1st respondent and on receipt of the representation, he has sent a memo to the 2nd respondent directing him to take appropriate action and inform the same to the petitioner. The grievance expressed by the petitioner is that inspite of such a communication from the 1st respondent, the 2nd respondent has not acted upon and hence, came forward to file this writ petition.

4. Heard the submissions of Mr.S.Arunkumar, learned counsel appearing for the petitioners and Mr.Rm.Muthukumar, learned Government Advocate, who accepts notice for the respondents 1 and 2.

5. Taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the representation, this Court, directs the 2nd respondent to take into consideration the memo in Na.Ka.No.6383/2015/N3, dated 31.03.2015, sent by the Office of the District Collector, the 1st respondent and dispose of the representation dated 17.09.2014 submitted by the petitioner, on merits and in accordance with law, after putting on notice the persons concerned and pass orders as expeditiously as possible and not later than three months from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to persons concerned

6. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars To

1. The District Collector Kancheepuram District.

2 The Tahsildar Tambaram Chennai-45 Kancheepuram District.

+1cc to Mr.S. Arunkumar, Advocate, S.R.No.26123 +1cc to the Government Pleader, S.R.No.25925 EV(CO) EU(16/06/2015) W.P.No.13961 of 2015 https://hcservices.ecourts.gov.in/hcservices/