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Madras High CourtWP/15702/2024dismissed

C.Saroja v. The Revenue Divisional Officer

2024-06-20Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR C.Saroja .. Petitioner Vs 1.The Revenue Divisional Officer Sankari Salem District 2.The Tahsildar Sankari Salem District 3.Manikam .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 02.08.2023 on merits within the time limited fixed by this Court.

For Petitioner : Mr.L.Mouli For R1 and R2 : Mr.A.Selvendran Special Government Pleader 1/4

O R D E R

This writ petition has been filed for a direction to the respondents 1 and 2 to include all the legal heirs of the petitioner's deceased father in the patta.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2 and perused the materials placed on record.

3. It is the grievance of the petitioner that though she is also one of the legal heirs of her deceased father Sengoda Gounder, only the name of the 3rd respondent, in exclusion of their other siblings, including the petitioner, is found in the patta. Hence, the present writ petition.

4. Learned Special Government Pleader appearing for the respondents 1 and 2 submitted that pending the suit in O.S.No.26 of 2021 for partition filed by the petitioner and two others, this writ petition is filed.

5. If the petitioner is entitled to a share in the property and a decree is passed in favour of the petitioner, her name will be included automatically in the 2/4

revenue records. Merely because the revenue records stand in the name of the co-owner, that cannot be a ground to claim ownership in the pending suit. Such being the case, mere direction to consider the petitioner's representation, will not serve any purpose.

With the above observation, this writ petition stands dismissed. No costs.

20.06.2024 gya Index : Yes/No To 1.The Revenue Divisional Officer Sankari Salem District 2.The Tahsildar Sankari Salem District 3/4

N.SATHISH KUMAR, J.

gya 20.06.2024 4/4