G.Vijaya@Vijayalakshmi v. The Collector

In the High Court of Judicature at Madras Dated : 07.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.40020 of 2024 G.Vijaya (a) Vijayalakshmi

...Petitioner

Vs 1.The District Collector, Puducherry 2.The Tahsildar, Culgarte Municipality, Puducherry.

3.R.Padmavathy 4.Vidhyasagar

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 17.12.2020 and pass such further or other orders as this Court may deem fit.

For Petitioner :

Mr.V.V.Sairam For R1 & R2 :

Mr.Nirmal Kumar, GA (P)

ORDER

Seeking a Mandamus to the second respondent to consider her 1/4

representation dated 17.12.2020 for the cancellation of patta granted to respondents 3 & 4, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Puducherry) accepting notice for respondents 1 & 2.

3. The case of the petitioner is as follows : (i) The petitioner is the absolute owner of the lands in R.S.No. 55/3, Cadastre No.703/2/9, plot No.20, Revenue Village - 39, Karuvadikuppam, Oulgaret Commune. She purchased it vide sale deed dated 25.3.1993 registered as doc.No.896 of 1993 on the file of the Sub-Registrar, Oulgaret from one Mrs.K.Padmavathy. Subsequent to the purchase, as some third parties trespassed into the subject property, the petitioner filed a suit in O.S.No.1556 of 2007 on the file of the Principal District Munsif Court, Pondicherry and it was ultimately decreed on 11.9.2017. Based on the said judgment, the subject property was demarcated by the second respondent on 30.7.2018. But, during the pendency of the said suit, respondents 3 and 4 obtained patta in respect of a major portion of the subject property. Explaining all the above facts, the petitioner sent a representation dated 17.12.2020 to the second respondent seeking to cancel the 2/4

patta granted to respondents 3 and 4. However, no action has been taken on that. Hence the writ petition.

4. Considering the limited nature of the prayer sought, the writ petition is allowed and a Mandamus is issued to the second respondent to consider the said representation of the petitioner dated 17.12.2020 for cancellation of the patta granted to respondents 3 and 4 based on the decree dated 11.9.2017 in O.S.No.1556 of 2007 on the file of the Principal District Munsif Court, Pondicherry and after giving an opportunity to present her case, pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs.

07.1.2025 To 1.The District Collector, Puducherry 2.The Tahsildar, Culgarte Municipality, Puducherry.

RS 3/4

P.T.ASHA,J RS 07.1.2025 4/4