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Madras High CourtWP/9305/2022disposed of

Vasantha Ammal v. The District Collector

2022-04-18Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.9305 OF 2022 Vasantha ammal ... Petitioner .Vs.

1. The District Collector, Tiruvannamalai, Tiruvannamalai district.

2. The District Revenue Officer, Tiruvannamalai, Tiruvannamalai District.

3. The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai Taluk and District.

4. The Tahsildar, Tiruvannamalai, Tiruvannamalai Taluk and District.

5. Ramachandran

6. Vijayalakshmi

7. Narayanasamy

8. Geetha

9. Kavitha

10. Meenatchi

11. V.Kumar ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 10.08.2021 and cancel the Patta issued to the respondents 5 to 11 for the property admeasuring 17 cents comprised in Old Natham Survey No.18/3, New Survey No.261/29, Kottampalayam, Tiruvannamalai Taluk and District and transfer the Patta in the name of the petitioner.

For Petitioner : Mr.R.Rajarajan For Respondents : Mr.V.Veluchamy Additional Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the respondents 1 to 4 to consider the petitioner's representation dated 10.08.2021 and cancel the Patta issued to the respondents 5 to 11 for the property admeasuring 17 cents comprised in Old Natham Survey No.18/3, New Survey No.261/29, Kottampalayam, Tiruvannamalai Taluk and District and transfer the Patta in the name of the petitioner.

2. Mr.V.Veluchamy, learned Additional Government Pleader takes notice for the respondents 1 to 4. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the property comprised in Natham Old Survey No.18/3, New Survey No.261/9, admeasuring 17 cents, situated at Kottampalayam village, Tiruvannamalai Taluk and District originally belongs to one Rajamanicka Udayar. The said Rajamanicka Udayar had died intestate on 05.10.2007 leaving behind his wife namely Pattammal and his two daughters namely Saroja and the petitioner herein. However, the respondents 5 to 11 fraudulently obtained the Patta in their favour. Hence, the petitioner's mother made a representation dated 16.11.2010 before the respondents 1 to 4 for cancellation of the said Patta. In the meanwhile, the petitioner's mother had passed away. After, the demise of the petitioner's mother, again petitioner had made a representation dated 10.08.2021 before the fourth respondent. However, till date no action has been taken by the fourth respondent on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the fourth respondent to consider the petitioner's representation dated 10.08.2021 within the time frame that may be fixed by this Court.

5. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's representation dated 10.08.2021 will be considered by the fourth respondent within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the fourth respondent to consider the petitioner's representation dated 10.08.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar tri/mn To 1.

The District Collector, Tiruvannamalai, Tiruvannamalai district.

2.

The District Revenue Officer, Tiruvannamalai, Tiruvannamalai district.

3.

The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai Taluk and District.

4.

The Tahsildar, Tiruvannamalai, Tiruvannamalai Taluk and District.

+1cc to Mr.R.Rajarajan, Advocate, S.R.No.26182 +1cc to the Government Pleader, S.R.No.26767 W.P.NO.9305 OF 2022 PM(CO) PBS/27/04/2022