Shanthi, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.14911 of 2024 Shanthi .. Petitioner
Versus
1. The District Collector, Kancheepuram District.
2. The Revenue Divisional officer, O/o.Revenue Divisional Officer, Sriperumbudur, Kancheepuram District.
3. The Tahsildar, Kunrathur Taluk Office, Kancheepuram District.
4. The Revenue Inspector, Padappai, Kundrathur Taluk, Kancheepuram District.
5. The Village Administrative Officer, No.42, Karasangal Village, Padappai, Kundrathur Taluk, Kancheepuram District.
7. K.Venkadeswaran .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 and 3 to act upon the report of the fourth respondent dated 20.09.2023 and the report of the fifth respondent dated Nil and thereby to alter the patta No.186 by 1/5
removing the name of Masilamani from the patta and re-issue the patta by adding the petitioner's name and also her daughters namely, Hemavathi and Monika.
For Petitioner : Mr.M.Vijayaragavan For Respondents : Mr.A.Selvendran, Special Government Pleader
ORDER
With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition is filed to direct the second and third respondents to act upon the report of the fourth respondent dated 20.09.2023 and the report of the fifth respondent dated Nil and thereby to alter the patta No.186 by removing the name of Masilamani from the patta and re-issue the patta by adding the petitioner's name and also her daughters namely, Hemavathi and Monika.
3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials 2/5
available on record.
4. The case of the petitioner is that the subject property originally belonged to the maternal grand mother of the husband of petitioner and after the death of the husband of the petitioner, the property devolved on the petitioner and her two daughters. While so, the father-in-law of the petitioner, while selling his share of the property to one Masilamani, he wrongly mentioned the survey number as 89/2 instead of 89/1 and thereafter, the said Masilamani has executed a Will in favour of the sixth respondent. It is the grievance of the petitioner that though the petitioner made a representation to the second respondent to alter the patta No.186 and remove the name of the sixth respondent and reissue patta in favour of the petitioner and her daughters and recommendation also made by the fourth and fifth respondents in this regard, the same was not considered by the second respondent till date. Hence, the present Writ Petition.
5. Considering the limited relief sought for in this Writ Petition and it appears that enquiry also has been commenced and Tahsildar has also recommended for correction in the patta, let the second respondent conduct enquiry afresh and pass Orders on merits, after giving an opportunity to the petitioner as well the person, in whose name the patta stands, within a period 3/5
of two months from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. 11.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,
1. The District Collector, Kancheepuram District.
2. The Revenue Divisional officer, O/o.Revenue Divisional Officer, Sriperumbudur, Kancheepuram District.
3. The Tahsildar, Kunrathur Taluk Office, Kancheepuram District.
4. The Revenue Inspector, Padappai, Kundrathur Taluk, Kancheepuram District.
5. The Village Administrative Officer, No.42, Karasangal Village, Padappai, Kundrathur Taluk, Kancheepuram District.
4/5
N. SATHISH KUMAR , J.
vrc W.P.No.14911 of 2024 11.06.2024 5/5