R.Padmavathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.8576 of 2022 R.Padmavathi

...Petitioner

Vs.

1. The District Collector, Dharmapuri District.

2. The Revenue Divisional Officer, Palacode, Dharmapuri District.

3. The Tahsildar, Taluk Office, Palacode, Dharmapuri District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 09.11.2020, 08.03.2022 consequently direct the respondents to include the petitioner's name as joint pattadar in the property bearing S.No.31/1, Belagapuram Village, Palacode Taluk.

For Petitioner : Mr.S.N.Subramani For Respondents : Mr.A.Anandan Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representations dated 09.11.2020, 08.03.2022 consequently direct the respondents to include the petitioner's name as joint pattadar in the property bearing S.No.31/1, Belagapuram Village, Palacode Taluk.

2. The case of the petitioner is that the petitioner's father Veerappa Chettiar owned a property bearing S.No.31/1 measuring an extent of 0.67.50 ares, Hendanahalli Village,

Palacode Taluk and her mother owned a property bearing S.No.286/41 measuring an extent of 2.51 ares, Maragandahalli Village, Palacode Taluk. After the demise of petitioner's parents, the petitioner's brother name was included in the Patta as joint Pattadhar with respect to the properties belongs to both father and mother. However, the petitioner's name was included with respect to her mother's property alone, the respondents failed to include her name in her father's property. Therefore, the petitioner has made representations dated 09.11.2020 and 08.03.2022 before the respondents, seeking to include her name as joint Pattadhar with respect to her father's property. As the said representation made by the petitioner has evoked no response from the respondents, the petitioner has filed this present Writ Petition.

3. The learned counsel for the petitioner submitted that it would suffice, if this Court, issues direction to the respondents to consider the petitioner's representations dated 09.11.2020 and 08.03.2022 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Government Advocate appearing for the respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's representations dated 09.11.2020 and 08.03.2022 and pass appropriate orders on merits and in accordance with law, after affording opportunity to the petitioner's brother and other aggrieved person if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar jd/sp

To

1. The District Collector, Dharmapuri District.

2. The Revenue Divisional Officer, Palacode, Dharmapuri District.

3. The Tahsildar, Taluk Office, Palacode, Dharmapuri District.

+1 CC to Mr.S.N.Subramani, Advocate sr 23746 +1 CC to The Government Pleader sr 24550.

W.P. No.8576 of 2022 PL(CO) SP(27/04/2022)