Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 12.09.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY Lakshmi ... Petitioner Vs.

1. The District Collector Tiruvannamalai District, Collector Office, Vengikkal, Tiruvannamalai.

2. The District Revenue Officer Tiruvannamalai District, Tiruvannamalai.

3. The Revenue Divisional Officer Tiruvannamalai

4. The Tahsildar Tiruvannamalai, Tiruvannamalai District.

5. Malliga ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the Respondents to consider petitioners representation dated 13.06.2022 and cancel the Patta 1/6

wrongly issued infavour of 5th Respondent and reissue patta in the name of the petitioner For Petitioner : Mr.G.Varun Gandhi For Respondent : Mr.C.Jayaprakash, GA for R1 to R4

ORDER

This writ petition has been filed to direct the respondents to consider petitioner's representation dated 13.06.2022 and cancel the Patta wrongly issued in favour of 5th respondent and also to reissue patta in the name of the petitioner.

2. Mr.C.Jayaprakash, learned Government Advocate, takes notice on behalf of the respondents 1 to 4.

3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

4. The learned counsel for the petitioner would submit that in this case, the petitioner is the 2nd wife of one Jayavel. After the demise of 1st 2/6

wife, the said Jayavel got married with the petitioner and there is no dispute on the said aspect. Under these circumstances, the subject properties were settled in favour of the petitioner by her husband by virtue of settlement deed dated 29.08.2005. Subsequent to the said settlement, the petitioner's husband passed away in the year 2018. After the demise of petitioner's husband, without taking into consideration of the aforesaid settlement deed, the patta of the subject property was wrongly transferred in favour of the 5th respondent, who is the legal heir of 1st wife of Jayavel. Hence, the representation dated 13.06.2022 was made by the petitioner for cancellation and re-issuance of patta in the name of the petitioner. However, the said representation was not considered by the respondents till date. Hence, this writ petition.

5. In reply, the learned Government Advocate appearing for the respondent, after taking instructions, would submit that after the completion of enquiry appropriate orders will be passed based on the petitioner's representation.

6. Heard the learned counsel for the petitioner and the learned 3/6

Government Advocate appearing for the respondents and also perused the materials available on record.

7. In the case on hand, the petitioner is the 2nd wife of one Jayavel. Initially, the subject propery was settled in favour of the petitioner by her husband Jayavel by virtue of settlement deed dated 29.08.2005. After the demise of petitioner's husband, without taking into consideration of the aforesaid settlement deed, the patta of the subject property was wrongly transferred in favour of the 5th respondent, who is the legal heir of 1st wife of Jayavel. Hence, a representation dated 13.06.2022 was made by the petitioner for cancellation and re-issuance of patta in the name of the petitioner. However, the said representation was not considered by the respondents till date.

8. In view of the above, the respondents 1 to 4 are directed to consider the petitioner's representation and dispose of the same on merits and in accordance with law after serving due notice to the 5th respondent and all other aggrieved persons if any, within a period of 4 weeks from the date of receipt of copy of this order.

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9. With the above directions, this writ petition is disposed of. No cost.

10. Post this matter on 10.11.2025 for reporting compliance. 12.09.2025 Speaking/Non-speaking order Index : Yes / No nsa To

1. The District Collector Tiruvannamalai District, Collector Office, Vengikkal, Tiruvannamalai.

2. The District Revenue Officer Tiruvannamalai District, Tiruvannamalai.

3. The Revenue Divisional Officer Tiruvannamalai

4. The Tahsildar Tiruvannamalai, Tiruvannamalai District.

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KRISHNAN RAMASAMY.J., nsa 12.09.2025 6/6