Murugesan v. The District Collector
In the High Court of Judicature at Madras Dated : 02.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.38843 of 2024 Murugesan
...Petitioner
Vs 1.The District Collector, District Collector Office, Perambalur-621212.
2.The Sub-Collector, Sub-Collector Office, No.142, Thuraiyur Perambalur Road, Perambalur-621212.
3.The Revenue Tahsildar, Madharsa Road, Super Nagar, Perambalur-621212.
4.The Village Administrative Officer, Perambalur North, Perambalur, Perambalur District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 to 4 to consider the petitioner's representation dated 10.6.2024 thereby to implead the petitioner's name as one of the patta holders in Joint Patta Nos.310, 461, 802, 408, 1531, 6520, 3336, 9902, 114, 7670 and 909.
1/4
For Petitioner :
Mr..Veerakumar For Respondents :
Mr.R.P.Murugan Raja, GA
ORDER
The limited relief sought for by the petitioner is for a direction to the respondents to consider his representation dated 10.6.2024 to include his name as one of the patta holders in joint patta Nos.310, 461, 802, 408, 1531, 6520, 3336, 9902, 114, 7670 and 909.
2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.
3. The case of the petitioner is as follows : (i) The petitioner's father - Mr.Vaithiyalingam owned properties comprised in the aforesaid patta numbers, which he enjoyed till his life time. The petitioner's father died on 18.7.1993 leaving behind him the petitioner - Mr.Murugesan and his three brothers namely (i) Mr.Muthiya (ii) Mr.Thangarasu and (iii) Chinnasamy. During updation of the revenue register, one of the brothers of the petitioner - the said Mr.Muthiya suppressed the fact that there are other legal heirs for his father and managed to have the revenue records and the patta transferred in his name exclusively.
(ii) Later, the other two brothers of the petitioner namely the 2/4
said Mr.Thangarasu and the said Mr.Chinnasamy passed away. Subsequently, the said Mr.Muthiya also passed away. After the demise of the said Mr.Muthiya, the names of his legal heirs alone were incorporated in the pattas that were already issued in the name of the said Mr.Muthiya. Expressing his grievance, the petitioner sent a representation dated 10.6.2024 to the respondents seeking to have his name included as a joint pattadhar in the said patta numbers and it has not yet been taken up for consideration. Aggrieved by that, the above writ petition has been filed.
4. Since the relief sought for is only for consideration of the said representation of the petitioner, without expressing any opinion on the merits of the case, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the representation of the petitioner dated 10.6.2024 and dispose of the same within a period of eight weeks from the date of receipt of a copy of this order. It is needless to state that the third respondent shall hear the other pattadhars also before passing final orders. No costs. 02.1.2025 Index : Yes (or) No RS 3/4
P.T.ASHA,J RS To 1.The District Collector, District Collector Office, Perambalur-621212.
2.The Sub-Collector, Sub-Collector Office, No.142, Thuraiyur Perambalur Road, Perambalur-621212.
3.The Revenue Tahsildar, Madharsa Road, Super Nagar, Perambalur-621212.
4.The Village Administrative Officer, Perambalur North, Perambalur, Perambalur District.
02.1.2025 4/4