A.Rani Ales Vasantha Vijaya Rani v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2020
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.16072 of 2020 & WMP.No.20026 of 2020 A.Rani @ Vasantha Vijaya Rani ... Petitioner VS 1.The District Revenue Officer, ... Respondents O/o.The District Revenue Office, Annasalai, Thiruvannamalai 2.The Revenue Divisional Officer, O/o.the Revenue Divisional Office, Annasalai, Thiruvannamalai.
3.The Tahsildar, Kilpennathur Taluk, Thiruvannamalai District.
4.Mr.M.Aron 5.Prabhakar 6.Peter Mathews Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of certiorarified Mandamus to call for the records relating to the impugned proceedings of the 3rd respondent made in Na.Ka.06/11/208/00747/130888, dated 19.08.2019 and quash the same and pass suitable orders directing the respondents 1 to 3 herein to issue patta in favour of the petitioner in respect of the proeprty in old Survey Nos.I.54/8, II.52/6, III.52/7 and IV.54/9 in Vaipoore Village, Kilpennathur Taluk, Thiruvannamalai District. Consequently forbear the respodnents , their men, agents, servants or any other persons claiming or acting through them in any manner interfering with the petitioner's right, title, interest and peaceful possession and enjoyment of the property measuring to an extent of 1.70 acres in old survey No.I.54/8, II.52/6, III.52/7 and IV.54/9 in Vaipoore Village, Kilpennathur Taluk, Thiruvannamalai District.
For Petitioner : Mr.G.Anandraj For Respondents : Mr.E.Balamurugane, Spl.Govt.Pleader for R1 to R3
ORDER
This Writ Petition has been filed challenging the patta issued by the 3rd respondent in favour of respondents 4 to 6. 2.The case of the petitioner is that the subject properties have already been partitioned among the co-owners and the revenue records stood in the name of the husband of the petitioner. The further case of the petitioner is that taking advantage of her absence from the village, the private respondents have managed to add their names as if they are the joint owners of the subject property. The grievance of the petitioner is that the patta was issued in favour of respondents 4 to 6 even without giving any notice to the petitioner.
3. Mr. E.Balamurugane, learned Special Govt. Pleader appearing on behalf of the respondents 1 to 3 submit, that the representation made by the petitioner has been forwarded to the 2nd respondent namely, the Revenue Divisional Officer, Thiruvannamalai and an enquiry has been fixed by the 2nd repsondent on 24.11.2020 at 11.30 a.m. The learned counsel submitted that the petitioner can be present at the time of enquiry along with all the relevant documents.
4. Taking into consideration the facts and circumstances of the case and also of the fact that the 2nd respondent has already called the parties for an enquiry, there shall be a direction to the 2nd respondent to conduct the enquiry by affording opportunity to the petitioner and respondents 4 to 6 and pass final orders strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
5. This Writ Petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.
-Sd/- Assistant Registrar (CS) // True Copy // Sub Assistant Registrar msr
To 1.The District Revenue Officer, O/o.The District Revenue Office, Annasalai, Thiruvannamalai 2.The Revenue Divisional Officer, O/o.the Revenue Divisional Office, Annasalai, Thiruvannamalai.
3.The Tahsildar, Kilpennathur Taluk, Thiruvannamalai District.
+1 C.C. to Government Pleader SR.NO.37159 W.P.No.16072 of 2020 & WMP.No.20026 of 2020 AJB (CO) UM (15.12.2020)