V.Sudha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.No.29170 of 2023 V.Sudha ... Petitioner Vs.

1. The District Collector, District Collector Office, Erode District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Erode District.

3. The Revenue Tahsildar, Erode District.

4. The Village Administrative Officer, Kodumudi Village, Erode District.

5. K.S.Subbarayan @ Mani Iyer

6. S.Krishnamoorthy @ Kittu ... Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue an order or direction or any other writ in the nature of Writ of Mandamus, by directing the respondents 1 to 4 to consider her representation dated 30.07.2023.

For Petitioner : Mr.L.P.Balajiram For R1 to R4 : Mr.V.Veluchamy Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents 1 to 4, to consider the petitioner's representation dated 30.07.2023.

2. Learned counsel for the petitioner submitted that the property stands in the name of her father-in-law and her father-in-law died on 29.04.2006. He further submitted that the petitioner's husband left India and residing in abroad. The petitioner has made representation for

changing the patta which stands in the name of her father-in-law in the name of her husband. The Revenue Department has not given any response so far and hence, she was compelled to file the present Writ Petition.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record.

4. Though copy of chitta and adangal etc., produced by the petitioner shows that the patta stands in the name of her father-in-law, the petitioner is not in a position to say about the legal representatives/legal heirs of the deceased father-in-law. She has not filed either the death certificate of her father-in-law or the legal heir certificate of her father-in-law. Further she has not obtained no objection from all the other legal heirs to issue patta in the name of her husband.

5. In view of the same, this Court is not inclined to give direction to the Revenue Authority to consider the petitioner's representation. However, the petitioner is at liberty to workout her remedy in the manner known to law and also she is at liberty to make a fresh representation to the Revenue Authority as per the Rules and Regulations for transferring the patta in her husband's name. If the petitioner files any representation along with necessary documents, and if it is otherwise in order, the respondents are directed to consider the said representation within a period of three months from the date of receipt of such representation along with necessary documents.

6. With the abovesaid observation, the Writ Petition is dismissed at the admission stage itself. There shall be no order as to costs. 09.10.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, District Collector Office, Erode District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Erode District.

3. The Revenue Tahsildar, Erode District.

4. The Village Administrative Officer, Kodumudi Village, Erode District.

P.VELMURUGAN, J.

mfa W.P.No.29170 of 2023 09.10.2023