Lakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Lakhsmi ... Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Ilayangudi Taluk, Ilayangudi, Sivagangai District.

3.Rajendran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent not to mutate any revenue records in the name of the third respondent and his blood relatives with respect to the property comprised in S.No.90/5A measuring about 3 cents out of the total extent of 61 3⁄4 cents presently bearing Door No.6/41, situated at Kalangathankottai, Ilayangudi Taluk, Sivagangai District without following the due process of law pending the objections of the petitioner dated 13.01.2025 and 27.01.2025.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 & R2 1/4

ORDER

Considering the limited scope of the relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner seeks issuance of a Writ of Mandamus to forbear the second respondent from mutating the revenue records in the name of the third respondent or anybody else related to the third respondent, in respect of S.No.90/5A, measuring 3 cents, out of the total extent of 61 3⁄4 cents at Door No.6/41 in Kalangathankottai, Ilayangudi Taluk, Sivagangai District. 3.The petitioner's grievance is that she has purchased the subject property from the third respondent and in respect of her share, has constructed a house and also mutated the revenue records in her favour.

Now the third respondent and his brothers have entered into a partition deed and attempting to mutate the revenue records in their favour behind the back of the writ petitioner. The petitioner has also enclosed the photographs, EB receipts and also an unregistered consent deed dated 15.04.2014, which was executed by the third respondent in favour of the writ petitioner.

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4.Though the petitioner has purchased the subject lands namely, the share of the third respondent in and by the unregistered document, it is seen that the petitioner has obtained electricity service connection in her name and had also constructed the building pursuant to sanction vide proceedings in Na.Ka.A3/144/14, dated ....06.2014 on the file of the Block Development Officer, Ilayangudi. The petitioner is, therefore, definetely an interested party in the subject matter. If the third respondent makes any application for mutation of records, then the second respondent shall also hear the objections of the petitioner and consider the same before passing any orders on the merits of the application filed for mutation of records either by the third respondent or anybody else. The second respondent shall afford an opportunity to the petitioner by way of personal hearing to substantiate her objections.

5.With the above directions, this Writ Petition is disposed of. No costs. 20.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The District Collector, Sivagangai District, Sivagangai.

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P.B.BALAJI , J.

sji 2.The Tahsildar, Ilayangudi Taluk, Ilayangudi, Sivagangai District.

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