Askarabi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.1367 of 2018 1.Askarabi W/o.Late V.T.Jafaarkhan 2.Khader Khan S/o.Late V.T.Jafaarkhan 3.Sameera Begum D/o.Late Abdul Raheem 4.Ishaad Begum D/o. Late Abdul Raheem 5.Minor Sabeena D/o.Late Abdul Raheem Rep. by her Grand Mother & Guardian Askarabi .. Petitioners Vs.

1.The District Collector Cuddalore District, Cuddalore - 607 001.

2.The Revenue Divisional Officer Office of the RDO, Vridhachalam Cuddalore District.

3.The Tahsildar Taluk Office, Vridhachalam, Cuddalore District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to issue a Joint Patta in the names of the petitioners, with respect to the properties, having an extent of 1.26 acres in R.S.No.77/A1, 0.20.0 acres in S.No.77/A/1A, 0.31.0 Acres in S.No.77/A/1B, 0.25.5 Acres in R.S.No.78A/7, 0.20 cents in R.S.No.78A/3, 0.16 cents in R.S.No.78A/5 and 0.28 cents in R.S.No.78A/6, situated in the village of Kavanai, Vridachalam Taluk.

For Petitioners : Mr.S.Kadarkarai For Respondents : Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioners seek for mandamus directing the respondents to consider their representation dated 02.05.2016, followed by subsequent applications, wherein and whereby, they sought for issuance of joint patta in their favour in respect of the subject matter property.

4. The grievance of the petitioners before this Court is that the said representation has not been considered so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the third respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the third respondent to consider the representation of the petitioners dated 02.05.2016 and pass orders on the same on merits and in accordance with law, after hearing rival claimants, if any. Such exercise shall be done by the third respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To 1.The District Collector Cuddalore District, Cuddalore - 607 001.

2.The Revenue Divisional Officer Office of the RDO, Vridhachalam Cuddalore District.

3.The Tahsildar Taluk Office, Vridhachalam, Cuddalore District.

+1cc to Mr.S.Kadarkarai, Advocate, S.R.No.4735 +1cc to the Government Pleader, S.R.No.5560 W.P.No.1367 of 2018 RRK(05/02/2018)