R.Rangaveni v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :30.10.2023
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN R.Rangaveni ... Petitioner Vs.
1. The District Collector, Tiruppur District.
2. The Revenue Divisional Officer, Udumalpet, Tiruppur District.
3. The Tahsildar, Udumalpet, Tiruppur District.
4. Town Surveyor, Udumalpet, Tiruppur District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or Writ or order or direction or any other nature of Writ, directing the respondents to consider the representation of the petitioner dated 06.04.2023 by deleting the wrongly printed 'Riotwari' instead of 'R.Rangaveni' in the patta and issue the same
by replacing the name of the petitioner for the DTCP approved shopping site with survey No.628/88 in Sri Ram Nagar Layout, Udumalpet, Tiruppur district.
For Petitioner : M/s.V.Geetha Rani For Respondents : Mr.P.Gurunathan Additional Government Pleader
O R D E R
This Writ petition has been filed to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 06.04.2023 to delete the word 'Riotwari' in the patta and to issue the patta by replacing the name of the petitioner for the DTCP approved shopping site in Survey No.628/88, which is in Sri Ram Nagar Layout, Udumalpet, Tiruppur district.
2. The petitioner purchased DTCP approved shopping site in S.No.628/88 in the Sri Ram Nagar Layout under registered Doc.No.1943/89, dated 13.07.1989 and she is in possession and
enjoyment of the property. During the year 2000, the petitioner mortgaged the property with one Muthu Venkatesan vide Doc.No.2521 /2000. On 29.01.2001, she released the document by clearing the mortgage loan. In order execute the settlement, she applied for patta through online mode on 10.11.2022. The petitioner was shocked to see that it was mentioned as "Riotwari" as against her plot in S.No.628/88. The petitioner immediately made a representation dated 27.12.2022 to all the respondents with regard to the same. Though it was received by the respondents, there was no response. Hence, again, the petitioner made a representation dated 06.04.2023 before the respondents with regard to issuance of patta. Since no action has been taken by the respondents so far, she was compelled to file the present writ petition.
3. Learned Additional Government Pleader appearing for the respondents submitted that based on the petitioner representation 06.04.2023, the third respondent has passed an order dated 13.07.2023 and suppressing the same, the petitioner has filed the present writ petition.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
5. Admittedly the petitioner purchased the plot on 13.07.1989. The petitioner made a representation dated 06.04.2023 to the respondents to issue separate patta in her name. The third respondent sent a reply notice dated 13.07.2023 to the petitioner's representation stating that the land for which the petitioner made representation to issue patta is classified as "poramboke" and the respondents could not issue patta in the name of the petitioner. Suppressing the same, the petitioner has filed the present writ petition to consider her representation dated 06.04.2023. The petitioner instead of challenging the reply notice dated 13.07.2023 before appropriate authority, has filed the present writ petition.
6. In view of the above, the writ petition is not maintainable and the same is liable to be dismissed. Accordingly, the Writ petition is dismissed. No costs. However, the petitioner is at liberty to work out her remedy in the manner known to law.
30.10.2023 mfa Index:Yes/No Speaking Order: Yes/No To
1. The District Collector, Tiruppur District.
2. The Revenue Divisional Officer, Udumalpet, Tiruppur District.
3. The Tahsildar, Udumalpet, Tiruppur District.
4. Town Surveyor, Udumalpet, Tiruppur District.
P.VELMURUGAN, J.
mfa 30.10.2023