Valliyammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Valliyammal ... Petitioner /Vs./

1. The District Collector, Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer, Tenkasi District, Tenkasi.

3. The Special Tahsildar, V.K.Pudur Taluk, Tenkasi District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to issue computerized patta to the petitioner in respect of S.No.557/9 to an extent of 0.13.50 Ares of Balapathiraramapuram Village, V.K.Pudur Taluk, Tenkasi District on the basis of the petitioner's representation dated 27.02.2024.

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For Petitioner : Mr.M.Sankar For Respondents : Mr.C.Satheesh Government Advocate

ORDER

This writ petition has been filed for issuance of Writ of Mandamus to direct the third respondent to issue computerized patta to the petitioner in respect of S.No.557/9 to an extent of 0.13.50 Ares of Balapathiraramapuram Village, V.K.Pudur Taluk, Tenkasi District, on the basis of the petitioner's representation dated 27.02.2024.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the petitioner's father-in-law was issued with an assignment D patta and after his demise, his two sons namely Ganapathy and Madasamy was in joint possession and enjoyment of the property. Subsequent to the death of the petitioner's husband, Ganapathy, the petitioner claims to be in absolute possession and enjoyment of divided portion following an oral arrangement between the two sons, Ganapathy and Madasamy.

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4. According to the petitioner, the petitioner's name has also been added in the Village account and she has been issued with patta. However, computerized patta, has not been issued to the petitioner. In this regard, the petitioner has sent a representation way back in the year 1998-1999 to the Additional Revenue Tahsildar. Recently on 27.02.2024, the petitioner has given yet another representation seeking computerized patta. The petitioner now seeks to dispose of the said representation 27.02.2024, in a manner to law.

5. Considering the limited scope of relief sought for by the petitioner and with the consent of the counsel on both side, this writ petition is taken up for final disposal.

6. The petitioner's rights have been recognized by including her name in the village account and also by issuing a patta even prior to UDR. It is also the specific case of the petitioner that even the petitioner's father-in-law was issued a assignment and D patta. The petitioner has been in possession for the past four decades. 3/6

7. However, the learned Additional Government Pleader would submit that the subject lands are assigned as ''Sarkar Poromboke Anatheenam'' and therefore there is no possibility of issuing patta to the petitioner. Though, the lands are classified as ''Sarkar Poromboke Anatheenam', the respondents having issued assignment D patta to the petitioner's father-in-law and also subsequently recognizing the petitioner's right by including her name in the village account and also issuing patta to the petitioner, the petitioner's case may have to be reviewed and her entitlement to computerized patta has to be examined dehors the fact that the lands are classified as Sarkar Poromboke Anatheenam. However, since the petitioner's application/representation is pending from 27.02.

2024, it would suffice to issue a direction to the second respondent to consider the petitioner's representation, taking note of the earlier issuance of assignment D patta to the father-in-law of the petitioner, even prior to the UDR and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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8. With the above said observations, this writ petition is disposed of. No costs.

Index : Yes / No 24.02.2025 NCC : Yes / No gvn 5/6

P.B. BALAJI , J.

gvn TO:-

1. The District Collector, Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer, Tenkasi District, Tenkasi.

3. The Special Tahsildar, V.K.Pudur Taluk, Tenkasi District.

Order made in Dated:

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