C. Sheela Porselvi v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.01.2025 CORAM :

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P(MD)No.91 of 2025 C.Sheela Porselvi ... Petitioner vs.

1.The Revenue Divisional Officer, Melur Division, Madurai.

2. The Tahsildar, Madurai South Taluk, Madurai.

3. Ramasamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent herein to dispose the appeal dated 16.05.2024 preferred by the writ petitioner herein under Rule 14 of the Tamil Nadu Patta Pass Book Rules, 1987, for cancelling the patta No.1673 issued in the name of 3rd respondent in respect of lands in Old Survey No.240/5, Re-survey No. 60/2, measuring 10 cents situated at Ayiravathanallur Village, Madurai South Taluk, Madurai District and restore the patta No.62 issued in the name of Savarimuthupillai son of Rayappapillai, within time limit stipulated by this Court.

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For Petitioner : Mrs.S.Meena For R1 & R2 : Mr.R.Raghavendran, Government Advocate

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. Considering the limited scope of relief sought for, notice to the 3rd respondent is dispensed with. 2.

This Writ Petition is filed, seeking to direct the 1st respondent herein to dispose the appeal dated 16.05.2024 preferred by the writ petitioner herein under Rule 14 of the Tamil Nadu Patta Pass Book Rules 1987, for cancelling the Patta No.1673 issued in the name of the 3rd respondent with respect to the lands in old Survey No.240/5, Re-survey No.60/2, measuring 10 cents situate at Ayiravathanallur Village, Madurai South Taluk, Madurai District and restore the Patta No.62 issued in the name of Savarimuthupillai, son of Rayappapillai, within a time frame.

3.

The above said property in Survey No.240/5 belonged to the petitioner's grandfather Savarimuthu, who died on 29.09.1988 leaving 2/5

behind his wife S.Vijayakumary and his son Clement Arulnathan, as his legal heirs. Later, the petitioner's grandmother namely, Vijayakumary died on 20.11.2004, leaving behind her son namely, Clement Arulnathan as legal heir. Thereafter, the petitioner's father Clement Arulnathan was in absolute possession and enjoyment over the said property and he died on 30.10.2008, leaving behind his wife, two daughters namely, Santhakumari and Sheela Porselvi and one son, the petitioner as legal heirs. While so, the 3rd respondent, by forged documents, obtained transfer of the patta in respect of the above said property. In view of the same, the petitioner made an appeal before the 1st respondent on 16.05.2024, seeking to cancel the patta issued in favour of the 3rd respondent and the same was kept pending endlessly. Hence, the petitioner has filed this writ petition.

4.

Considering the limited scope of the relief sought for, this Court hereby direct the 1st respondent to dispose of the appeal dated 16.05.2024 as expeditiously as possible, within a period of six weeks from the date of receipt of a copy of this order, after putting the petitioner, 3rd respondent as well as the legal heirs of Clement Arulnathan, on notice.

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5.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

03.01.2025 Index : Yes / No bala To 1.The Revenue Divisional Officer, Melur Division, Madurai.

2. The Tahsildar, Madurai South Taluk, Madurai.

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JL.VICTORIA GOWRI, J.

bala ORDER MADE IN DATED : 03.01.2025 5/5