C.Arukkani v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :14.11.2024 THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.33114 of 2024 Mrs.C.Arukkani ... Petitioner Vs 1.The District Revenue Officer, Namakkal District, Namakkal.

2.The Assistant Director of Land Survey, Namakkal District, Namakkal.

3.The Revenue District Officer, Tiruchengode, 4.The Tahsildar, Tiruchengode, 5.The Land Surveyor, Tiruchengode, 6.The Village Administrative Officer, Unjanai Village, Tiruchengode, 1/5

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus, directing the respondents to consider the representation sent by the petitioner dated 09.09.2024, seeking to include the name of the petitioner in Patta Nos.278 and 279. For Petitioner : Mr.B.S.Manikandan For Respondent : Mr.G.Velu Additional Government Pleader

ORDER

The petitioner seeking mandamus to the respondent to consider his representation dated 09.09.2024 to include his name in the patta Nos.278 and 279.

2. Heard the learned counsels on either side.

3. The request is made on the strength of he being the one of the legal heirs of his father late Chinna Gounder who was the original 2/5

owner of the property in question. It is the contention of the petitioner that his father died intestate on 04.12.2004 leaving behind the petitioner, his sister Chinnammal and his brother Ramasamy as his legal heirs. Chinnammal died intestate on 24.05.2019 leaving behind her son K.M.Manickam as her sole legal heir. Petitioner's brother Ramasamy suppressing the original legal heirs had obtained legal heirship certificate dated 12.08.2009 showing only himself as the legal heir of late Chinna Gounder and had cheated the bank and obtained loan. The petitioner also came to know that his name has not been included in the patta, therefore, he submitted his representation.

4. Considering the above facts, a Mandamus is issued to the 4th respondent to consider the petitioner's representation dated 09.09.2024, including him in the patta and pass orders within a period of two months from the date of receipt of a copy of this order. Notice shall also be issued to the petitioner's brother Ramasamy and his objection shall also be taken note of.

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5. With the above directions, this writ petition is allowed. There shall be no order as to costs.

14.11.2024 Index: Yes/No Speaking order/non-speaking order ssn To 1.The District Revenue Officer, Namakkal District, Namakkal.

2.The Assistant Director of Land Survey, Namakkal District, Namakkal.

3.The Revenue District Officer, Tiruchengode, Namakkal District.

4.The Tahsildar, Tiruchengode, 5.The Land Surveyor, Tiruchengode, 6.The Village Administrative Officer, Unjanai Village, Tiruchengode, 4/5

P.T.ASHA, J., ssn W.P.No.33114 of 2024 14.11.2024 5/5