A.Gayathri v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Gayathri
...Petitioner
Vs.
1.
The District Collector, Collector Office, Vellore District, Vellore - 632 009.
2.
The District Revenue Officer, Collector Office, Vellore - 632 009.
3.
The Revenue Divisional Officer, Collector Office, Vellore - 632 009.
4.
The Tahsildar, Tahsildar Office, Anaicut Taluk, Vellore District - 632 101.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 4th respondent to issue patta in respect of the petitioner's land comprised in Old Survey No.405/4A, in 1/7
Govindareddypalayam Village, Boodhur Madura Village, Vellore Taluk, now Anaicut Taluk, Vellore District, measuring an extent of 0.25 cents or thereabouts by considering the petitioner's representation dated 09.09.2021 and as directed by the 1st respondent dated 10.11.2021 in Om.Mu.d3/10995/2021 as well as rejoinder dated 27.12.2021 within a time frame fixed by this Hon'ble Court.
For Petitioner : Mr.P.Sankaranarayanan For Respondents : Mr.U.Baranidharan, AGP
O R D E R
The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the 4th respondent to issue patta in her favour in respect of the subject property by considering her representation dated 09.09.2021 in the light of the letter dated 10.11.2021 forwarded by the 1st respondent.
2. The case of the petitioner is that the property comprised in S.No.405/4 to an extent of 0.25 out of Acre and 2 cents situated at Govindareddypalayam Village was allotted in favour of the petitioner, vide Will dated 10.04.1999 executed by her paternal grandfather namely Beema Pandithar and pursuant to which, the petitioner is in absolute possession and enjoyment of the said property. While so, the petitioner came to know that the revenue authorities have wrongly issued patta in Patta No.56 for the 2/7
above said 0.25 cents in favour of one Kannammal by sub-dividing the S.No.405/4 as 405/4A. Immediately, the petitioner made a representation dated 09.09.2021 before the respondents seeking to cancel the above said patta and to subsequently measure the property comprised in S.No.405/4 and issue patta to the petitioner for her respective share. Pursuant to the said representation, the 1st respondent, vide letter dated 10.11.2021 directed the 4th respondent to pass orders on the petitioner's representation, however, till date, no action has been initiated by the 4th respondent. Aggrieved by the inaction on the part of the 4th respondent, the petitioner sent a reminder to the 4th respondent on 27.12.2021, which evoked no response. Hence, this Writ petition.
3. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the 4th respondent to consider the petitioner's representation dated 09.09.2021 in the light of the letter of the 1st respondent dated 10.11.2021 and issue patta in favour of the petitioner as expeditiously as possible. 3/7
4. Learned Additional Government Pleader has no serious objection for the said order being passed and he fairly conceded that appropriate orders will be passed on the petitioner's representation dated 09.09.2021 within the time stipulated by this Court.
5. Heard learned counsel on either side and perused the materials available on record.
6. Considering the limited request made by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, issues direction to the 4th respondent to consider the petitioner's representation dated 09.09.2021 in the light of the letter dated 10.11.2021 forwarded by the 1st respondent and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and the aggrieved persons, if any.
7. This Writ petition is accordingly disposed of. No costs. 4/7
01.12.2022 skt Speaking Order : Yes/ No Index : Yes/ No To 1.
The District Collector, Collector Office, Vellore District, Vellore - 632 009.
2.
The District Revenue Officer, Collector Office, Vellore - 632 009.
3.
The Revenue Divisional Officer, Collector Office, Vellore - 632 009.
4.
The Tahsildar, Tahsildar Office, Anaicut Taluk, Vellore District - 632 101.
5/7
M.DHANDAPANI, J.
skt 6/7
01.12.2022 7/7