Madras High CourtWP(MD)/3546/2022disposed of

Bagyalakshmi v. The Revenue Divisional Officer

2022-02-24Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.3546 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.3546 of 2022 Bagyalakshmi ... Petitioner vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Trichy, Trichy District.

2.The Tahsildar, Taluk Office, Thiruverumbur, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to insert the petitioner's name instead of name of some third persons in `A` Register and other entries in revenue records and issue patta in her name with respect to properties in S.F.Nos.267/4 and 267/5, situated in Valavanthankottai village, Thiruverumbur Taluk, Trichy District, based on her representation dated 03.01.2022. For Petitioner :Mr.S.Krishnan For Respondents :Mr.M.Lingadurai Special Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to insert the petitioner's name instead of name of some third persons in `A` Register and other entries in revenue records and issue patta in her name with respect to the properties in S.F.Nos.267/4 and 267/5, situated in Valavanthankottai village, Thiruverumbur Taluk, Trichy District, based on her representation dated 03.01.2022 within a time frame to be fixed by this Court.

2.The case of the petitioner is that a patta has been issued for the properties in S.F.Nos.267/4 and 267/5, situated in Valavanthankottai village, Thiruverumbur Taluk, Trichy District, in favour of third parties, though the petitioner is the absolute owner of the said properties. In such circumstances, she has given a representation on 03.01.2022 seeking for removal of the names reflected in the said patta and include the name of the petitioner. Since, according to the petitioner, the said representation has not been considered, she has filed this Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3546 of 2022 3.Heard Mr.S.Krishnan, learned Counsel for the petitioner and Mr.M.Linga Durai, learned Special Government Pleader, who takes notice on behalf of the respondents.

4.The learned Special Government Pleader, on instructions, would submit that the representation of the petitioner has already been rejected on 14.09.2021 as there are rival claimants and the petitioner is not entitled for patta.

5.However, the same is disputed by the learned Counsel for the petitioner. According to him, the petitioner was not intimated about the rejection order, dated 14.09.2021 issued by the second respondent.

5.A copy of the rejection order, dated 14.09.2021 has been furnished to the learned Counsel for the petitioner today in the open Court by the learned Special Government Pleader. The only remedy now available to the petitioner is to challenge the said order in the manner known to her under law.

6.Accordingly, this Writ Petition is disposed of by granting liberty to the petitioner to challenge the order, dated 14.09.2021 rejecting the petitioner's request for removal of third parties' names in the patta and include her name in respect of the property in S.F.Nos.267/4 and 267/5, situated in Valavanthankottai village, Thiruverumbur Taluk, Trichy District, in the manner known to her under law. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Trichy, Trichy District.

2.The Tahsildar, Taluk Office, Thiruverumbur, Trichy District. +1 CC to M/s.S.KRISHNAN, Advocate ( SR-8495[F] dated 24/02/2022 ) +1 CC to M/s.SPL GP ( SR-8978[F] dated 28/02/2022 ) Order made in W.P.(MD)No.3546 of 2022 24.02.2022 SK(CO)GC(08.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2