Veeran @ Kappal S/O.Perumal. v. The District Collector

In the High Court of Judicature at Madras Dated : 06.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.39822 of 2024 Veeran (a) Kappal

...Petitioner

Vs 1.The District Collector, Office of the District Collectorate, Salem District.

2.The Revenue Tahsildar, Kadaiyampatti Taluk, Salem District.

3.Rani

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st and 2nd respondents to remove the 3rd respondent's name in patta No.382 in Survey No.12/7 and reinstate the petitioner's name in patta No.382 in Survey No.12/7 situate at Ambedkar Nagar, Elathur, Kadaiyampatti Taluk, Salem District and consequently by this Honourable Court may be fixed the stipulated time for consider the petitioner's representation on 21.11.2024.

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For Petitioner :

Mr.G.Munuraj For R1 & R2 :

Mr.A.Selvendran, SGP

ORDER

Seeking a direction to consider his representation dated 21.11.2024 to remove the name of the third respondent and to include his name in patta No.382 in respect of the property measuring 0.23 1/2 cents in S.No.12/7, Ambedkar Nagar, Elathur, Kadaiyampatti Taluk, Salem District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 and 2.

3. The case of the petitioner is that the subject property originally belongs to him. The petitioner has two sons and one daughter. When a family partition was attempted to be done, the petitioner's younger son did not cooperate for the same. The third respondent is none other than the wife of the petitioner's younger son. The third respondent, with the able assistance of the petitioner's younger son, got a sale deed dated 09.4.2010 registered as doc.No. 2944 of 2010 on the file of the Sub-Registrar, Omalur executed in her favour and patta transferred in her name. Hence, the petitioner sent a representation dated 21.11.2024 to respondents 1 and 2 to remove 2/4

the name of the third respondent and to include his name in patta No.382. As the said representation has not been considered, the petitioner has come forward with this writ petition.

4. Considering the limited nature of the prayer sought, the writ petition is allowed and a Mandamus is issued to respondents 1 and 2 to consider the representation of the petitioner dated 21.11.2024 for removing the name of the third respondent and including the name of the petitioner in patta No.382 on merits and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. No costs.

06.1.2025 To 1.The District Collector, Office of the District Collectorate, Salem District.

2.The Revenue Tahsildar, Kadaiyampatti Taluk, Salem District.

RS 3/4

P.T.ASHA,J RS 06.1.2025 4/4