Sanjeeda v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA Sanjeeda
...Petitioner
Vs 1.The District Collector Collectorate Building Tiruppur.
2.The District Revenue Officer District Revenue Office Tiruppur.
3.The Tahsildar Avinashi Taluk Tiruppur District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to consider the representation dated 12.12.2023 of the 1/6
petitioner by conducting an enquiry pursuant to the proceedings in Na.Ka.No.27160/2023/J1 dated 19.12.2023 issued by the second respondent and mutate the name of the petitioner in the revenue records in SF.No.596, 632 and 421 situated at Kanur Village, Avinashi Taluk, Tiruppur District and other parts as it originally belongs to the grandfather of the petitioner namely Moideen Sahib and pass appropriate orders within the stipulated time fixed by this Court. For Petitioner :
Mr.N.Umapathy For Respondents 1 to 3 :
Mr.A.Selvendran Special Government Pleader
ORDER
The petitioner seeks a mandamus to the second respondent to consider the representation of the petitioner dated 12.12.2023.
2. The case of the petitioner is that one Moideen Sahib is her paternal grandfather, who owned a vast extent of lands in Kanur Village, Avinashi Taluk, Tiruppur District. The petitioner's father is one K.M.Ibrahim, who is the first son of Mohideen Sahib. After the 2/6
demise of Moideen Sahib, his legal heirs partitioned the property. Accordingly, the properties alloted to her father viz., the property in Sy.No.421 (2.45 cents) , Sy.No.632 (1.43 acres) and Sy.No.596 (0.50 cents) came to her possession and she approached this Court in W.P.No.3767 of 2023 for grant of patta. This Court vide its order dated 09.02.2023, had directed the Tahsildar, Avinashi District, the third respondent herein to consider her case.
3. Pursuant to this order, the third respondent had conducted survey of the property and vide his proceedings dated 23.11.2023, had required the petitioner to approach the District Revenue Officer, Tiruppur, stating that the property in Sy.No.421, 632 are not vested in petitioner's possession and since the property in Sy.No.596 are fully covered with bushes, no survey could be conducted. The said proceedings also states that the title deed of the said property relate to the year 1939 and the updated resurvey shows the names of other persons, and in such cases of mismatch of owner's name, the powers to 3/6
conduct survey was vested with the DRO. Thereafter, the petitioner made a representation to the District Revenue Officer, Tiruppur, on 12.12.2023 for change of name in UDR patta, who in turn had addressed a letter to the Sub Collector, Tiruppur vide his communication dated 19.12.2023. But, till date no action has been taken, hence, the petitioner is before this Court in this writ petition.
4. Heard the learned counsels on the either side and perused the records.
5. Considering the facts and circumstances of the case, a mandamus is issued to the second respondent to act on the representation of the petitioner dated 12.12.2023. The petitioner shall submit all the relevant records to show her title to the property and the respondent shall, after issuing notice to the land owners whose names are now entered in the UDR patta and other interested parties, hold an enquiry and thereafter, proceed to pass orders. In case of a rejection, a 4/6
speaking order shall be passed. The aforesaid exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.
6. With the above directions, the writ petition is allowed. No costs.
23.01.2025 Index: Yes/No Speaking order/non-speaking order ds To:
1.The District Collector Collectorate Building Tiruppur.
2.The District Revenue Officer District Revenue Office Tiruppur.
3.The Tahsildar Avinashi Taluk Tiruppur District.
5/6
P.T.ASHA, J., ds W.P.No.1397 of 2025 23.01.2025 6/6