A.Bakiyalakshmi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29/2/2016 C O R A M THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.7335 of 2016 A.Bakiyalakshmi ...

Petitioner Vs.

1. The State of Tamil Nadu rep. By its Secretary to Department of Revenue Rajaji Salai Fort St. George Chennai 600 009.

2. The Commissioner of Land Administration O/o The Commissioner of Land Administration Ezhilagam Chepauk Chennai 600 005.

3. The District Collector Collectorate Kancheepuram District 631 501.

4. The Revenue Divisional Officer Kancheepuram Taluk O/o. The Revenue Divisional Officer Kancheepuram District.

5. The Tahsildar Taluk Office Walajabad Taluk Kancheepuram District.

6. Arumugam

7. J. Krishnamoorthy

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the fourth respondent to consider and pass orders on the representation dated 1/2/2016 submitted for cancellation of patta in respect of Survey Nos.465/3B, 465/1 and

465/4 situated at Agaram Village, Walajabad, Kancheepuram District.

For Petitioner ...

Mr.S.Ganesh For respondents...

Mr.S.Navaneethan Additional Government Pleader for R.R.1 to 5.

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O R D E R

With the consent of the learned counsel appearing on either side, this writ petition is taken up for final disposal.

2. Heard Mr.S.Ganesh, learned counsel for the petitioner and Mr.S.Navaneethan, learned Additional Government Pleader for the respondents 1 to 5.

3. This writ petition has been filed, praying to direct the fourth respondent, to consider and pass orders, on the representation, dated 1/2/2016, submitted for cancellation of patta, in respect of Survey Nos.465/3B, 465/1 and 465/4, situated at Agaram Village, Walajabad, Kancheepuram District.

4. The case of the petitioner is that the grandfather of the petitioner and his family members were in possession of land, measuring 3.64 acres in S.No.465, situated at Thenery Agaram Village. The petitioner's grandfather died intestate on 15/1/1960. Thereafter, the petitioner's father being the sole legal heir of late Mr.V.Ponnusamy, inherited the entire extent of 3.64 acres of land in S.No.465, since 1915 onwards. In 1920, the District Collector, Kumbakonam had granted patta in favour of the grand father of the petitioner specifically for being in military service. The father of the petitioner, being the sole legal heir of V.Ponnusamy, inherited the property after the demise of his father. Thereafter, the father of the petitioner, executed a sale deed in favour of the petitioner being the only daughter.

When the petitioner went to apply for transfer of name in patta, it came to light that some other persons names were also appearing in the patta for certain portion of land. Hence the petitioner had submitted a representation for cancellation of patta to the third respondent on the Public Grievance Day, but till date, the fourth respondent has not taken any action. Hence the petitioner has come forward with the present writ petition praying for the relief as stated therein.

5. The learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that though in the affidavit it has been stated that patta was issued in favour of seven

persons, the petitioner had added only Arumugam and Krishnamoorthy as the respondents 6 and 7.

6. In response, the learned counsel appearing for the petitioner replied that the other five persons are not presently residing in the Village and their whereabouts are not known to the petitioner and hence he has not added the other five persons as party respondents.

7. Without going into the merits of the claim of the petitioner, the petitioner is hereby directed, to give a fresh representation along with the particulars about five other persons or about the legal heirs of the said persons, along with their address , within a period of two weeks, from the date of receipt of a copy of this order and on receipt of the same, the fourth respondent is directed to issue notice to all the parties concerned and conduct enquiry and pass appropriate orders, on merits and in accordance with law, within a period of four months, thereafter. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petition.

8. With the above direction, this writ petition is disposed of. No costs.

mvs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Secretary to Department of Revenue State of Tamil Nadu Rajaji Salai Fort St. George Chennai 600 009.

2. The Commissioner of Land Administration O/o The Commissioner of Lane Administration Ezhilagam Chepauk Chennai 600 005.

3. The District Collector Collectorate Kancheepuram District 631 501.

4. The Revenue Divisional Officer Kancheepuram Taluk O/o. The Revenue Divisional Officer Kancheepuram District.

5. The Tahsildar Taluk Office Walajabad Taluk Kancheepuram District.

+ 1 cc to The Govt.Pleader, Sr 12954 + 1 cc to Mr.S.Ganesh, Advocate Sr 12748 KR/17/3/16 W.P.No.7335 of 2016