V.Sakunthala v. The District Collector
In the High Court of Judicature at Madras Dated : 18.11.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.33545 of 2024 V.Sakunthala
...Petitioner
Vs 1.The District Collector, Thiruvallur, Thiruvallur District.
2.The District Revenue Officer, Thiruvallur, Thiruvallur District.
3.The Revenue Divisional Officer, Thiruthani Taluk, Thiruvallur District.
4.The Tahsildar, Thiruthani Taluk, Thiruvallur District.
5.Venkatesan 6.Rose 7.Vadivelu 8.Palani
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd and the 4th respondents herein to consider the representation of the petitioner dated 28.8.2024 to cancel the patta of the petitioner's property in S.No.144/5B1, which is transferred mistakenly in the names of respondents 5 to 8 for an extent of 0.14 cents. 1/4
For Petitioner :
Ms.Indhumathi Uthayakumar For R1 to R4 :
Mr.G.Velu, AGP
ORDER
Aggrieved by the transfer of patta in favour of respondents 5 to 8, the petitioner has given a representation to respondents 3 and 4 to cancel the patta issued to them for an extent of 14 cents in S.No. 144/5B1, Panapakkam Village, Nedumbaram Post, Tiruthani Taluk, Thiruvallur District.
2. The petitioner's contention is that she owns an extent of 23 cents in the aforesaid survey number, which she purchased from one Mr.V.M.Krishnam Naidu and his son one Mr.K.Thirumalai under a registered sale deed dated 18.8.1987. The said property has been in her possession and enjoyment since the date of purchase. While so, the petitioner came to know that out of the 23 cents, patta has been transferred in the names of respondents 5 to 8 in respect of 14 cents. Immediately, the petitioner gave a representation dated 28.8.2024 to respondents 3 and 4 and it has not been taken up for consideration. Hence, the petitioner is before this Court.
3. Heard the learned counsel for the petitioner and the learned 2/4
Additional Government Pleader accepting notice for respondents 1 to 4.
4. The records would indicate that the petitioner had purchased an extent of 23 cents. Out of the 23 cents, with reference to 14 cents, patta has been issued in favour of respondents 5 to 8. The sale deed, under which, the petitioner had purchased the said property in the year 1987, clearly shows that her southern boundary is the property of respondents 5 to 8, who are siblings and the extent that was sold to the petitioner under the said sale deed is an extent of 29 cents. Therefore, the petitioner's representation dated 28.8.2024 given to respondents 3 and 4 to cancel the patta in favour of respondents 5 to 8 has to be expeditiously considered and orders passed.
5. Accordingly, the writ petition is allowed and a Mandamus is issued to respondents 3 to 4 to consider the representation of the petitioner dated 28.8.2024 and pass orders within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 18.11.2024 3/4
P.T.ASHA,J RS To 1.The District Collector, Thiruvallur, Thiruvallur District.
2.The District Revenue Officer, Thiruvallur, Thiruvallur District.
3.The Revenue Divisional Officer, Thiruthani Taluk, Thiruvallur District.
4.The Tahsildar, Thiruthani Taluk, Thiruvallur District.
18.11.2024 4/4