D.Alamelu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2018
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.23402 of 2013 1.D.Alamelu 2.E.Deivanayagi 3.A.Thulasi 4.S.Usharani 5.D.Swornasundari 6.G.Mohanasundari
...Petitioners
Versus
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The District Revenue Officer, Kancheepuram District, Kancheepuram.
3.The Revenue Divisional Officer, Chengalpattu, Kancheepuram District.
4.The Tahsildar, Thirukazhukundram Taluk, Kancheepuram District.
.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents herein to issue patta to the land in survey land in S.No.1/13 and New S.No.55/13, of an extent of 72 cents (29 Ares), situated at Kunnathur Village, Thirukazhukundram Taluk, Kancheepuram District, by considering the petitioner's representation dated 09.04.2013.
For Petitioners : Mr.J.Kalidas For Respondents : Mr.B.Anand Government Advocate
O R D E R
This Writ Petition has been filed for issuance of Writ of Mandamus to direct the respondents to issue patta to the land in Survey No.1/13 and New Survey No.55/13, measuring an extent of 72 cents (29 Ares), situated at Kunnathur Village, Thirukazhukundram Taluk, Kancheepuram District by considering the petitioners representation dated 09.04.2013.
2. The case of the petitioner is that the land referred above was originally owned by her husband Mr.Dhanasekaran, S/o. Vedachala Naickar and the same was inherited from his ancestors. The petitioners would further state that the revenue records such as Patta, Chitta and Adangal etc., were standing in the name of the petitioner's husband Mr.Dhanasekaran and his ancestors in title and they have been in possession and enjoyment of the same.
3. While so, the first petitioner's husband died intestate on 26.02.2008, leaving behind his wife and his children as legal heirs and they have now come to understand that the Patta was cancelled mistakenly by the respondents during the time of UDR (Updated records) Scheme and it has been classified as "Anaadheenam Land". Hence, the petitioners gave the representations to the respondents on 11.03.2013 and 09.04.2013 to rectify the mistakes. Since no order was passed on those representations, the present Writ Petition.
4. Heard Mr.J.Kalidas, learned counsel appearing for the petitioners, Mr.B.Anand, learned Government Advocate appearing for the respondents and perused the material documents available on records.
5. The learned counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is given to the respondents to consider the representations of the petitioner dated 09.04.2013.
6. The learned Government Advocate appearing for the respondents submitted that the representations would be considered by the respondents in accordance with law.
7. In the light of the above submissions and this Court without going into the merits of the case, directs the respondents to pass appropriate orders on the representations of the petitioners dated 11.03.2013 and 09.04.2013 on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to all necessary parties.
8. With the above observations, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dna/ms To 1.The District Collector, Kancheepuram District, Kancheepuram.
2.The District Revenue Officer, Kancheepuram District, Kancheepuram.
3.The Revenue Divisional Officer, Chengalpattu, Kancheepuram District.
4.The Tahsildar, Thirukazhukundram Taluk, Kancheepuram District.
+1 cc to Mr.J.Kalidas Advocate sr 11099 +1 cc to the Govt Pleader sr 12178 W.P.No.23402 of 2013 aa08/03/2018