T.Rajeswari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No. 10352 of 2021 and WMP.No.10932 of 2021 T. Rajeswari ... Petitioner Vs

1. The District Collector, Dharmapuri District, Collectorate, Dharmapri-636 705.

2. The Tahsildar, Palacode Taluk, Palacode, Dharmapuri District - 636 808

3. R. Murugan

4. Chennammal ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent authorities to restore the patta No.888 in favour of the petitioner and her children Ravi, Latha and Thangaraj and in all revenue records or in the alternative issue fresh patta in favour of the petitioner and her children Ravi, Latha and Thangaraj in respect of the property viz., all that grama-natham land measuring an extent of 1.02 sq.mtr . comprised in S.No.314/28, Door No.93, Bazar street, Marandahalli Village, Palacode Taluk, Dharmapuri District.

For petitioner ...

Mr. R.Ramesh Raja For respondents ...

Mrs. R. Janaki Addl. Govt. Pleader

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to restore the patta and issue fresh patta in the name of the petitioner and her children in respect of S.No.314/28, Door No.93, Bazar street, Marandahalli Village, Palacode Taluk, Dharmapuri District.

2. According to the petitioner, earlier a house site patta has been granted in the name of the petitioner's husband, namely Thangavel, and the same has been cancelled without any notice whatsoever.

Thereafter, the petitioner made a representation before the first respondent/District Collector, to restore the patta and issued a fresh patta in the name of the petitioner and her children. Based on that application, enquiry has been conducted by the first respondent on 20.03.2020 and the petitioner also appeared for enquiry. But, so far no order has been passed. Hence, the present writ petition has been filed.

3. In view of the nature of the order, that is going to be passed in the writ petition, which no way would prejudice the interest of the respondents 3 and 4 , notice to the respondents 3 and 4 is dispensed with.

4. Considering the facts and circumstances of the case and the limited prayer sought for in the writ petition, without going into the merits of the case, the first respondent is directed to proceed with the enquiry, complete the same and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner as well as the respondents 3 and 4, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mrp To

1. The District Collector, Dharmapuri District, Collectorate, Dharmapri-636 705.

2. The Tahsildar, Palacode Taluk, Palacode, Dharmapuri District - 636 808.

+1cc to Mr.R.Ramesh Raja, Advocate Sr.25731 +1cc to the Government Pleader Sr.25664 W.P. No. 10352 of 2021 kj[co] srg 05/07/2021