Valliyammal.A v. The Dist.Revenue Officer(Dro)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).No.6030 of 2021 A.Valliyammal

...Petitioner

Vs.

1. The District Revenue Officer (DRO), Collector Office, Sivagangai-630 561.

2. The Revenue Divisional Officer, Masjid Raod, Sivagangai-630 562.

3. The Tahsildar, Taluk Office, Manamadurai-630 606.

4.Poochiyammal ... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the UDR Patta which was issued forgedly in the Survey Number of 1⁄2 in the name of Poochiyammal W/o Sevugan and revert back the patta to the original owner name as Chinnasamy by considering the petitioner's representation dated 08.02.2021. For Petitioner : Mr.G.K.Chitradevi For R-1 to R-3 : Mr.P.Mahendran Additional Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the first respondent to cancel the wrong entry that was made at the time of UDR Scheme and to restore the revenue records in the name of the original owner by considering the representation made by the petitioner on 08.02.2021. 2.The case of the petitioner is that the subject property originally belonged to her father-in-law and patta was also issued in his name. On the demise of the father-inlaw of the petitioner, the property vested on his two sons. The petitioner married one of the son named 1/3

Arjunan. The other son dealt with his portion of the property and sold the same in the year 2006. The husband of the petitioner died on 10.05.1974 and therefore, the petitioner became entitled to the said property.

3. The petitioner noticed that the name of the fourth respondent has been incorporated in the revenue records during the UDR Scheme and this was done without any basis and without notice to the petitioner. The petitioner, therefore, made a representation to the official respondents to cancel the entry and to restore the patta in the name of the original owner. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Ms.G.K.Chitradevi, learned counsel appearing for the petitioner and Mr.P.Mahendran, learned Additional Government Pleader appearing for the respondents 1 to 3.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 08.02.2021 after affording an opportunity to the petitioner and the fourth respondent and pass appropriate orders, strictly in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

7. The Writ Petition stands disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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Tsg To

1. The District Revenue Officer (DRO), Collector Office, Sivagangai-630 561.

2. The Revenue Divisional Officer, Masjid Raod, Sivagangai-630 562.

3. The Tahsildar, Taluk Office, Manamadurai-630 606.

+1 CC to M/s.G.K.CHITRA DEVI, Advocate ( SR-16216[F] dated 17/04/2021 ) +1 CC to M/s.SPL GP ( SR-16323[F] dated 17/04/2021 ) Order made in Dated:

16.04.2021 GS (27.04.2021) 3P 6C 3/3