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Madras High CourtWP/10864/2024disposed of

Lakshmi Ammal v. The District Collector

2024-04-22Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Lakshmi Ammal .. Petitioner

Versus

1. The District Collector, Villupuram District, Villupuram - 605 602.

2. The Revenue Division Officer, Villupuram - 605 602, Villupuram District .

3. The Tahsildar, Kancheepuram - 605 701, Villupuram District.

4. Annamalai

5. Arumugam

6. Ganapathy .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to conduct enquiry and send report on the representation of the petitioner dated 21.12.2022 as required by the second respondent in his office proceedings ref. O.Mu.[A3]/118/2023 dated 20.01.2023 and the second respondent to pass necessary orders on the basis o the report of the third respondent to be sent with respect of the cancellation of patta issued in favour of the father of the respondents 4 to 6 and issuance of patta to the petitioner with respect to the land measuring 7 cents comprised in S.No.70/3, Veerangipuram Village, 1/5

Kanchipuram Taluk, Villupuram District within the time limit may be fixed by this Court.

For Petitioner : Mr.P.Mani For Respondents : Mr.A.Selvendran, Special Government Pleader - R1 to R3

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the third respondent to conduct enquiry and send report on the representation of the petitioner dated 21.12.2022 as required by the second respondent in his office proceedings ref. O.Mu.[A3]/118/2023 dated 20.01.2023 and the second respondent to pass necessary orders on the basis of the report of the third respondent to be sent with respect of the cancellation of patta issued in favour of the father of the respondents 4 to 6 and issuance of patta to the petitioner

3. Heard learned counsel for the petitioner and the learned Special Government Pleader Advocate appearing for the respondents 1 to 3 and perused the materials available on record.

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4. The case of the petitioner that the subject property belong to the mother of the petitioner and after the death of her mother, the father of the petitioner released his 1⁄2 share in favour of the petitioner as per the release deed dated 11.02.1974. While so, during natham re-survey, patta has been issued in the name of the father of the respondents 4 to 6, who has not right or title over the said land. The grievance of the petitioner is that though the representation of the petitioner has been forwarded to the third respondent for conducting enquiry and for submitting a report to the second respondent, the same has not been done by the third respondent. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, there shall be a direction to the third respondent to conduct enquiry on the representation made by the petitioner on 21.12.2022 as per the direction of the second respondent in proceedings dated 20.01.2023 and submit a report and the second respondent shall an pass Orders on the representation of the petitioner on the basis of the report submitted by the third respondent as per law within a period of two months from the date of receipt of a copy of this order.

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6. With the above direction, this writ petition is disposed of. No costs. 22.04.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The District Collector, Villupuram District, Villupuram - 605 602.

2. The Revenue Division Officer, Villupuram - 605 602, Villupuram District .

3. The Tahsildar, Kancheepuram - 605 701, Villupuram District.

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N. SATHISH KUMAR , J.

vrc p W.P.No.10864 of 2024 22.04.2024 5/5