Noor Nayeema v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Noor Nayeema ... Petitioner Vs.

1.The District Collector, Ramanathapuram District.

2.The Tahsildhar, Keezhakarai Taluk, Ramanathapuram District.

3.The Village Administration Officer, Keezhakarai Village & Taluk, Ramanathapuram District.

4.Rasina Banu 5.Ayisath Najiba ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing first respondent to cancel the patta and subdivision in Nos.4581, 4583 and 4633 issued by

the second respondent on the land in Survey No.298/4A situated at Keezhakarai Village and Taluk, Ramanathapuram District, consequently, directing the first respondent to take necessary action against the second and fifth respondents by considering the petitioner's representation dated 7.02.2022 an accordance with law within the time stipulated by this Court.

For Petitioner : Mr.S.Abdul Rahuman For R1 to R3 : Mrs.K.Malathi Additional Government Pleader For R4 & R5 : No appearance

ORDER

The petitioner herein seeks a direction to the first respondent to cancel the patta in Patta Nos. 4581, 4583 and 4633 issued by the second respondent in respect of the land situated in Survey No.298/4A, Keezhakarai Village and Taluk, Ramanathapuram District, by considering her representation dated 07.02.2022. 2.Heard the arguments of Mr.S.Abdul Rahuman, learned counsel

appearing for the petitioner and Mr.A.Baskaran learned Additional Government Pleader appearing for the respondents 1 to 3. Though notice sent to the respondents 4 and 5 was returned unserved, since no adverse order is passed in the writ petition, notice to them is dispensed with. 3.According to the petitioner the subject property with an extent of 5450 square feet in Survey No.298/4A was purchased by the petitioner and her sisters/respondents 4 and 5 herein. Subsequently, a joint patta was issued in the names of all three persons in Patta No.1321. Thereafter, the second respondent issued separate patta in the names of the petitioner and respondents 4 and 5 in Patta Nos.4583, 4633 and 4581, without notice to the petitioner. Aggrieved by the same, the petitioner submitted a representation on 07.02.

2022 before the first respondent, seeking cancellation of the separate patta issued by the second respondent in the names of petitioner and respondents 4 and 5 and restoration of the joint patta that originally stood in the names of all three persons. The said representation has not been considered till date. Hence, he has come before this Court.

4.If the petitioner is aggrieved by the mutation of revenue records effected by the second respondent, it is for her to file an appeal before the competent authority, namely, Revenue Divisional Officer, Ramanathapuram. Therefore, this Court is not inclined to issue any direction to the first respondent to consider the representation of the petitioner.

However, without expressing any opinion on the merits of the matter, the first respondent is directed to forward the representation of the petitioner dated 07.02.2022 to the Revenue Divisional Officer, Ramanathapuram and the said authority shall consider the representation of the petitioner and pass final orders on its own merits, within a period of twelve weeks from the date of receipt of the representation received by him, after issuing notice to the petitioner and respondents 4 and 5. 5.With these directions, this Writ Petition is disposed of. No costs. 19.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

To 1.The District Collector, Ramanathapuram District.

2.The Tahsildhar, Keezhakarai Taluk, Ramanathapuram District.

3.The Village Administration Officer, Keezhakarai Village & Taluk, Ramanathapuram District.

Copy to:- The Revenue Divisional Officer, Ramanathapuram.

S.SOUNTHAR ,J cp W.P.(MD)No.5636 of 2022 Dated: 19.06.2025