Mrs. B.Saraswathy Devi v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.29425 of 2015 and M.P.No.1 of 2015 1 Mrs. B.Saraswathy Devi 2 Mrs. W.R.Bharathi 3 Mr. R.Ramesh 4 R.Suresh 5 Dr.R.Arunkumar 6 Mrs.Vijayalakshmi Ravichandran 7 Mrs. Shanthy Ganesh

...Petitioners

v.

1 The District Revenue Officer (Mambalam/Guindy Taluk) Office of the Collectorate of Chennai Singaravelar Maligai (Near Indian Bank) Rajaji Salai Chennai-600 001.

2 The Tahsildar New No.1 Old No.2 Bharathidasan Colony Opposite BSNL K.K.Nagar Chennai-600 070.

3 Mr. V.T.Baskar Rao S/o.(Late) V.Thangavelu Mudaliar Residing at Old No.2 New No.3 Gopala Krishna Road T.Nagar Chennai-600 017.

...Respondents

Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents 1 and 2 herein to conduct an enquiry towards the grant of patta with reference to the property situated at Survey Nos. 69/1 and 69/2 Town Survey Nos. 4929/1 and 4929/2 Saidapet Taluk (Paimash Nos.303-307) Block No.1115 Theagaraja Nagar Mambalam Zamin of Smt.Vittobai Ammal as per the representation dated 15.7.2015 within a time frame. For Petitioner :

Mr.G.Thilakavathi For Respondents :

Mr.S.Pattabiraman Govt. Advocate

ORDER

Placing reliance upon the documents such as death certificate, legal heir certificate and settlement deed dated 30.09.2013, 10.04.2014 and 09.06.2014 respectively, the petitioners gave representation dated 15.07.2015 to respondent Nos.1 and 2. The grievance of the petitioners appears to be that though they are legal heirs of the deceased, patta has been changed unilaterally in favour of respondent No.3 without even hearing the petitioners.

2. Considering the pendency of the representation made by the petitioners with respondent No.2 dated 15.07.2015, without going into the merits of the case, a direction is issued to 2nd respondent to pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as respondent No.3, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kua

To 1 The District Revenue Officer (Mambalam/Guindy Taluk) Office of the Collectorate of Chennai Singaravelar Maligai (Near Indian Bank) Rajaji Salai Chennai-600 001.

2 The Tahsildar New No.1 Old No.2 Bharathidasan Colony Opposite BSNL K.K.Nagar Chennai-600 070.

1 CC to Mr.G.Thilakavathi, Advocate SR.No. 50891 1 CC to the Government Pleader, SR.No. 51207 W.P.No.29425 of 2015 KJI (CO) PSI (05.10.2015)