Madras High CourtWP/17899/2025disposed of

Sasikala v. The District Collector

2025-06-05Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 05.06.2025

CORAM

THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ Sasikala ... Petitioner Vs.

1.The District Collector, Mayiladuthurai District, 2.The Revenue Divisional Officer, O/o District Collector, Mayiladuthurai District, 3.The Thasildar, Seerkazhi Taluk, 4.The Village Administrative Officer, O/o. Village Administrative Officer, Thittai Village, Seerkazhi Taluk, ... Respondents 1/6

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to make necessary mutation in respect of survey Nos.119/1, 130/4, 130/5, 130/7, 130/8, 130/9, 131/2, 145/3, 146/1, 146/3, 146/4, 146/6, 147/1, 147/3, 147/4, 147/5, 157/1, 111/2, 113, 177/2A, 178/1, 181/1, 184/2, 190/1, 220/2, 220/3 and 224/1 situated in Thittai Village, Seerkazhi Taluk, Mayiladuthurai District, forthwith the petitioner's application dated 06.01.2025.

For Petitioner : Mr.T.Padmanabhan For Respondents 1 to 4 : Mr.P.Ganesan, Government Advocate

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to direct the third respondent to make necessary mutation in respect of survey Nos.119/1, 130/4, 130/5, 2/6

130/7, 130/8, 130/9, 131/2, 145/3, 146/1, 146/3, 146/4, 146/6, 147/1, 147/3, 147/4, 147/5, 157/1, 111/2, 113, 177/2A, 178/1, 181/1, 184/2, 190/1, 220/2, 220/3 and 224/1 situated in Thittai Village, Seerkazhi Taluk, Mayiladuthurai District, on the basis of the petitioner's application dated 06.01.2025.

3. It is submitted by the learned counsel for the petitioner that the petitioner's father purchased the properties comprised in S.Nos. 119/1, 130/4, 130/5, 130/7, 130/8, 130/9, 131/2, 145/3, 146/1, 146/3, 146/4, 146/6, 147/1, 147/3, 147/4, 147/5, 157/1, 111/2, 113, 177/2A, 178/1, 181/1, 184/2, 190/1, 220/2, 220/3 and 224/1 vide Doc.No.504/1960. The petitioner's father executed a will bequeathing his estate in petitioner's favour vide will dated 05.01.1987. Subsequently, the petitioner's father passed away. Thereafter, all the legal heirs, other than the petitioner died, leaving behind the petitioner as the sole surviving legal heir. In these circumstances, the petitioner had taken out an application to mutate the revenue records in her name, as early as on 2015. However, it was not considered. The petitioner had taken out an application for mutation of 3/6

records vide representation dated 06.01.2025. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

4. At the outset, it was submitted by the learned Government Advocate for respondents that the above representation would be considered and orders would be passed, after issuing notice and hearing the petitioner and any other interested parties/rival claimants, within the time frame that may be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents, to consider the representation dated 06.01.2025 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/rival claimants, and also putting the petitioner and any other interested persons/rival 4/6

claimants on notice, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representations and it is open to the concerned respondent to consider the representations on its own merits and in accordance with law.

6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

05.06.2025 Speaking/Non-speaking order Index : Yes / No vm To 1.The District Collector, Mayiladuthurai District, 2.The Revenue Divisional Officer, O/o District Collector, Mayiladuthurai District, 3.The Thasildar, Seerkazhi Taluk, 5/6

MOHAMMED SHAFFIQ.J., vm 4.The Village Administrative Officer, O/o. Village Administrative Officer, Thittai Village, Seerkazhi Taluk, 05.06.2025 6/6