K.Susila v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25164 of 2024 K.Susila

...Petitioner

Vs.

1. The Revenue Divisional Officer, District Revenue Office, Gandhi Nagar, Kudiyaatham, Vellore 635 802.

2. S.Munivel

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 27.06.2023 and consequently direct the first respondent to cancel the patta viz., Patta No.197 stands in the name of second respondent.

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For Petitioner : Mr.C.N.Parthana for Mr.M.Venkadesh Kumar For Respondents : Mr.A.M.Ayyadurai for R1 Government Advocate

O R D E R

The petitioner herein seeks a direction to the first respondent to consider her representation dated 27.06.2023 seeking cancellation of the patta issued in favour of the second respondent.

2. According to the petitioner, her father-in-law viz., Kariya Gounder had been in possession and enjoyment of 62 cents out of 5.77 acre in S.No.24/9 at Vizhuthagal Village, Katpadi Sub-Registration, Vellore District and he died intestate on 12.06.1981. After the death of the petitioner's fatherin-law, the petitioner's husband Krishnan has been in possession and enjoyment of the same and he died on 03.07.2019. Thereafter, the petitioner has been in possession and enjoyment of the same. The patta for the said property was wrongly mutated in favour of the second respondent. Therefore, the petitioner submitted a representation on 27.06.2023 seeking cancellation of 2/5

the patta issued in favour of the second respondent, the same has not been considered. Therefore, the petitioner is before this Court.

3. Mr.A.M.Ayyadurai, learned Government Advocate, who takes notice for the first respondent would submit that the representation of the petitioner will be considered, on its own merits, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to consider the representation of the petitioner dated 27.06.2023 and pass final orders, on its own merits, within a period of 8 weeks from the date of receipt of a copy of this order, after issuing necessary notice to the second respondent.

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5. With the above direction, this Writ Petition is disposed of. No costs.

02.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To The Revenue Divisional Officer, District Revenue Office, Gandhi Nagar, Kudiyaatham, Vellore 635 802.

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S.SOUNTHAR , J.

dna 02.09.2024 5/5