← Library
Madras High CourtWP/36545/2023disposed of

S.Thangavel v. The District Collector

2023-12-28Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.12.2023 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Writ Petition No.36545 of 2023 S.Thangavel ..

Petitioner Vs.

1. The District Collector Namakkal District.

2. The Tahsildar Taluk Office Tiruchengode Taluk Namakkal District.

3. Palani Gounder

4. Periyanna Gounder

5. Thanda Gounder

6. Marimuthu ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to remove the names of (1) Palani Gounder S/o. Chinna Gounder, (2) Periyanna Gounder, S/o. Chinna Gounder, (3) Thanda Gounder, S/o Chettiya

Gounder, (4) Marimuthu, S/o Chinna Gounder, (5) Sengodan S/o Chinna Gounder which was wrongly reflected in Patta No.268, consequentially direct the respondents to grant patta in the names of S.Thangavel and Maniyammal based on the petitioner's representation dated 16.10.2023 and 20.12.2023.

For the Petitioner : Mr.A.M.Amutha Ganesh For the Respondents : Mr.Md.Sathik Government Advocate for Respondents 1 & 2

ORDER

The petitioner seeks a writ of Mandamus directing the official respondents to remove the names of the private respondents and one Sengodan, S/o. Chinna Gounder from Patta No.268 and thereafter, to grant patta in his name and in the name of Maniyammal based on his representations dated 16.10.2023 and 20.12.2023.

2. The petitioner has made representations dated 16.10.2023 and 20.12.2023 seeking removal of the names of the private respondents and one Sengodan. It is the case of the petitioner that he

is the absolute owner of the property having succeeded to the estate on the death of his father Sengodan.

3. Whether the petitioner is the sole beneficiary inheriting the property from his father or there are others will have to be decided after an enquiry. The second respondent shall dispose of the representations dated 16.10.2023 and 20.12.2023 after issuing notice to private parties arrayed in this writ petition or any other person whose name may be found in the patta. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim made by the petitioner.

4. The writ petition stands disposed of. There will be no order as to costs.

28.12.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Namakkal District.

2. The Tahsildar Taluk Office Tiruchengode Taluk Namakkal District.

V.LAKSHMINARAYANAN, J.

(kpl) 28.12.2023