Ananthi.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.6243 of 2024 R.Ananthi ... Petitioner Vs.

1.The District Collector, Pudukkottai, Pudukkottai District.

2.The District Revenue Officer, Pudukkottai, Pudukkottai District.

3.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

4.The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records 1/5

pertaining to the impugned order passed by the fourth respondent in Na.Ka.No. A1/5707/2023 dated 31.01.2024 and quash the same and consequently direct the fourth respondent to restore the patta in the name of the petitioner's vendor Karu.Chellammal and thereafter mutate the patta in her name to the land in Survey No. 126/4 to the extent of one Acre situated at Alathur Village, Avudaiyarkovil Taluk, Pudukkottai District.

For Petitioner : Mr.V.Manikandan For Respondents : Mr.D.Sasi Kumar Additional Government Pleader

ORDER

The petitioner herein had earlier filed W.P(MD)No.6386 of 2024. It was disposed of by me on 15.04.2024 in the following terms: "5.The learned counsel for the petitioner drew my attention to the proceedings dated 12.08.1987 whereby a number of assignments were cancelled. Villayutham figured at Serial No.107. The petitioner stands on a better footing compared to Gunasundari. Gunasundari was not the original assignee. The petitioner's father in law Kuppusami Thevar was the original assignee. Kuppusami Thevar's son R.K.Ramu/the petitioner's husband passed away and that is how, the petitioner stepped into his 2/5

shoes. I had given relief in favour of the purchaser from the assigneee. Then obviously the assignee's successorin-interest cannot be denied relief. 6.At this stage, the learned Special Government Pleader appearing for the respondents submitted that there is some dispute regarding the petitioner's entitlement. It is contended that Kuppusamitheevar's wife Poomayil had executed an unregistered Will in favour of the petitioner's husband. I need not go into that aspect. I direct the respondents to restore the name of the petitioner's father in law Kuppusamithevar in respect of the petition mentioned land within a period of four weeks from the date of receipt of copy of this order. It is for the petitioner to work out her rights in the manner known to law to enter her name in the revenue records."

I am inclined to adopt the very same approach in this case also. The petitioner traces her title from one Karu.Chellammal who was admittedly a assignee. The respondents are directed to restore the name of Karu.Chellammal in respect of the petition mentioned land within a period of four weeks from the date of receipt of a copy of this order. It is for the petitioner to workout her rights in the manner known to law to enter the name in the revenue records.

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2.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

24.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Collector, Pudukkottai, Pudukkottai District.

2.The District Revenue Officer, Pudukkottai, Pudukkottai District.

3.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

4.The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District.

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G.R.SWAMINATHAN,J.

MGA 24.07.2024 5/5