Gopal v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.27151 of 2024 Gopal

...Petitioner

Vs.

1. The Revenue Divisional Officer, Revenue Division Office, Krishnagiri District.

2. Tahsildar, Tahsildar Office, Krishnagiri District.

3. Pushba

4. Murugan

5. Pandurangan

6. Kannan

7. Selvaraj

...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 cancel the patta No.842 in Survey No.444/1A situated at Jingalkathirampatti - I Village, Pochampalli Taluk, Krishnagiri District, issued in favour of the respondents 6 1/5

& 7 by considering the petitioner representation dated 04.10.2023. For Petitioner : Mr.M.Vignesh For R1 & R2 : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the first respondent to cancel the patta No.842 in Survey No.444/1A situated at Jingalkathirampatti - I Village, Pochampalli Taluk, Krishnagiri District, issued in favour of the respondents 6 & 7, by considering her representation dated 04.10.2023.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents 1 & 2, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that the subject property originally belonged to her mother namely Mariyammal. After the death of Mariyammal, the siblings of the petitioner namely respondents 3 & 4 executed a sale deed in favour of the fifth respondent as if they were entitled for the entire property. 2/5

Subsequently, the fifth respondent executed a settlement deed in favour of his legal heirs viz., respondents 6 & 7. Based on the said documents, the respondents 6 & 7 obtained patta in their names. Since the petitioner did not join her siblings executing the sale deed in respect of her share, questioning the issuance of patta in favour of the respondents 6 and 7, the petitioner submitted a representation dated 04.10.2023 and the same has not been considered till date. Therefore, the petitioner is before this Court.

4. Mr.Selvendran, learned Special Government Pleader, who takes notice for the respondents would submit that the representation of the petitioner will be considered on its own merits and appropriate orders will be passed.

5. In view of the above submission made by the learned Special Government Pleader, 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 04.10.2023 and pass final orders, after issuing notice to the petitioner as well as the respondents 3 to 7 and any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

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

20.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The Revenue Divisional Officer, Revenue Division Office, Kirshnagiri District.

2. Tahsildar, Tahsildar Office, Krishnagiri District.

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S. SOUNTHAR, J.

av W.P No.27151 of 2024 20.09.2024 5/5