Kamaruneesha v. Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.29686 of 2018

1. Kamaruneesha

2. Dilsath Begam

3. Nazeer Hussain

4. Mohammed Ibrahim

5. Jesima Begam

6. Abdul Rauf ... Petitioners Vs

1. Tahsildar Tiuthuthuraipoondi, SH 63, Thiruthuraipoondi 614 713.

2. Revenue Divisional Officer, Mannargudi, Pakkuppettai Street, Mannargudi, Tamil Nadu 614 001.

3. District Collector, Thiruvarur District, First Floor, Collectorate, Thiruvarur 610 004 ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to rectify the mistake in the revenue record and issue patta in petitioner's name in respect of property, measuring 34 square meters, comprised in S.No.127/7 (previously 127/1 & 127/2) in Muthupettai Village of Thiruthuraipoondi Taluk of Thiruvarur District. For Petitioner : Mr.S.P.Chockalingam For Respondents: Mr.N.Inbanathan Government Advocate

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioners have come up with this Writ Petition seeking a direction to the respondents to rectify the mistake in the revenue records and issue them patta in respect of the property, measuring to an extent of 34 square meters, comprised in S.No.127/7 situated at Muthupettai Village of Thiruthuraipoondi Taluk, Thiruvarur District.

3. It is the case of the petitioners that their father died intestate on 17.06.2016 and they have succeeded to his estate. At the time of UDR Scheme during the year 1980, the petitioners' father's name has been mistakenly omitted in the revenue records in respect of the petition mentioned property. In this regard, the petitioners' father has submitted a representation dated 04.02.2013 to rectify the mistake and issue a patta in his name. It is stated that in spite of the fact that the first respondent has recommended to the second respondent for issuance of patta, no action has been taken. Hence, the Writ Petition has been filed.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the third respondent to consider the case of the petitioners and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stands disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srn To

1. Tahsildar Tiuthuthuraipoondi, SH 63, Thiruthuraipoondi 614 713.

2. Revenue Divisional Officer, Mannargudi, Pakkuppettai Street, Mannargudi, Tamil Nadu 614 001.

3. District Collector, Thiruvarur District, First Floor, Collectorate, Thiruvarur 610 004 +1cc to Mr.SP.Chockalingam, Advocate, S.R.No. 77543 +1cc to the Government Pleader, S.R.No. 77679 W.P.No.29686 of 2018 SSV(CO) GN(14/12/2018)