V.Shanthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.13609 of 2020 V. Shanthi ..Petitioner Vs.

1. The District Collector, O/o.District Collector, Thiruvarur, Thiruvarur.

2. Block Development Officer, Block Development Office, Needamangalam, Needamangalam, Thiruvarur.

3. Tahsildar, O/o.Tahsildar Needamangalam, Needamangalam, Thiruvarur.

4. The Panchayat President Panchayat President Office, Parappanamedu Village, Needamangalam Taluk, Thiruvarur District.

5. Ramachandran

6. Banumathi

7. Sangeetha ..Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus forbearing the respondents 1 to 4 from mutating the revenue entries in respect of the petitioner's patta land in S.No.105/1, measuring 0.18.00 ares in patta No.497 at Parappanamedu Village, Needamangalam Taluk, Thiruvarur District, in favour of respondents 5 to 7 without following due process of law.

For Petitioner : Mr.A.Tamilvanan For Respondents: Mr. Annai Ezhil, Govt. Advocate R1 to R4

O R D E R

This Writ Petition has been filed for issue of Writ of Mandamus forbearing the respondents from mutating the Revenue Records in favour of respondents 5 to 7.

2. The case of the petitioner is that she became the owner of the subject property by virtue of a registered Partition Deed dated 18.08.2013. The further case of the petitioner is that the patta also stands in her name. The petitioner came to know that the respondents 5 to 7 are making attempts to get the Revenue Records mutated in their name. The petitioner immediately made a representation to the respondents 1 to 4 on 4.6.2020 and informed them that the respondents 5 to 7 do not have any right over the property and if any application has been filed by the respondents 5 to 7, the petitioner must be heard before any decision is taken.

3. The grievance of the petitioner is that the respondents have not responded to the representation made by the petitioner and hence the present writ petition is filed before this Court.

4. Heard Mr.A.Tamilvanan, learned counsel for the petitioner and Mr.Annai Ezhil, learned Govt. Advocate appearing for the official respondents 1 to 4.

5. Taking into consideration the facts and circumstances of the case and also of the fact that patta already stands in the name of the petitioner, if any application is submitted by respondents 5 to 7 before the third respondent, notice shall be given to the petitioner and the petitioner shall be heard before any decision is taken by the 3rd respondent. If, in case, any application is made before the concerned Revenue Divisional Officer, the 3rd respondent shall inform the concerned Revenue Divisional Officer about the orders passed in the present writ petition and the petitioner shall be given an opportunity, if any enquiry is conducted by the concerned Revenue Divisional Officer.

6. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The District Collector, O/o.District Collector, Thiruvarur, Thiruvarur.

2. Block Development Officer, Block Development Office, Needamangalam, Needamangalam, Thiruvarur.

3. Tahsildar, O/o.Tahsildar Needamangalam, Needamangalam, Thiruvarur.

4. The Panchayat President Panchayat President Office, Parappanamedu Village, Needamangalam Taluk, Thiruvarur District.

+1cc to M/s.A.Tamilvanan, Advocate in SR.NO..32202 +1cc to the Government Pleader in SR.NO..32436 WP.No.13609 of 2020 CP(CO) RV(05/11/2020)