Mannu Ammal v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2016
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.41469/2016 Mannu Ammal
...Petitioner
Vs.
1. The District Collector, Thiruvannamalai District Thiruvannamalai.
2. The Revenue Divisional Officer Thiruvannamalai, Thiruvannamalai District.
3. The Tahsildar Keezhpennathur taluk Thiruvannamalai, Thiruvannamalai District.
4. Ezhumalai
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 1 to 3 to consider the representation dated 12.07.2016 given by the petitioner to cancel the patta No.197 stands in the name of Mr.Ezhumalai, the 4th respondent and to issue patta in favour of the petitioner in respect of the land measuring to an extent of 5 acres 71 cents in Survey No.178/1 situate at Boothamanglam Village, Keezhapennathur Taluk, Thiruvannamalai District.
For Petitioner :
Mr.R.Prabhudoss For RR 1 to 3 :
Mr.P.Chinnadurai, GA
ORDER
Heard the learned counsel for the petitioner and Mr.P.Chinnadurai, learned Government Advocate who accepts notice on behalf of the respondents 1 to 3 and with the consent on either side, the writ petition is taken up for final disposal.
The case of the petitioner is that the husband of the petitioner viz., [late] Annamalai, was alloted 5 acres and 71 cents in Survey No.178/1 situate at Boothamanglam Village, Keezhapennathur Taluk, Thiruvannamalai District, by the Government under the Panchamar land scheme and was also issued with Assignment Patta No.1102 on 20.06.1970 and since then, he was in absolute possession and enjoyment of the said land. Subsequent to his demise, the petitioner and her two daughters became the legal heirs of the said Annamalai. The 4th respondent herein, who is the adjacent land owner, taking advantage of the petitioner's situation, had fraudulently transferred the patta in his name. The petitioner, in this regard, has submitted representations dated 12.07.2016 as well as 03.08.2016 to the respondents 1 to 3 and since no action was forth coming, the petitioner is before this Court with the present writ petition.
Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in this writ petition or in her representations dated 12.07.2016 and 03.08.2016, directs the 3rd respondent to consider and dispose of the petitioner's representations dated 12.07.2016 and 03.08.2016 respectively after giving notice to the 4th respondent herein and pass orders in accordance with law as expeditiously as possible and communicate the decision taken, to the petitioner as well as to the 4th respondent herein.
The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP
To
1. The District Collector, Thiruvannamalai District Thiruvannamalai.
2. The Revenue Divisional Officer Thiruvannamalai, Thiruvannamalai District.
3. The Tahsildar Keezhpennathur taluk Thiruvannamalai, Thiruvannamalai District.
+1cc to Mr.R.Prabhudoss, Advocate, S.R.No. 69304 WP.No.41469/2016 AD (CO) PSI (28/12/2016)