Vijayalakshmi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI Vijayalakshmi .... Petitioner /Vs./
1. The District Collector Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer Sattur, Virudhunagar District.
3.The Tahsildar Virudhunagar Taluk, Virudhunagar District.
.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.3 herein to consider the representation dated 01.08.2024 and issue patta in respect of the property situated in Survey No.59/1A, Kottaiyur Village, Virudhunagar Taluk and District.
For Petitioner : Mr.M.Jothi Basu For Respondents : Mr.M.Lingadurai Special Government Pleader 1/5
ORDER
With the consent of the counsel on either side, the writ petition is taken up for final disposal at the admission stage.
2. I have heard the learned counsel for the petitioner and the learned Government Advocate appearing for the repsondents.
3. The petitioner seeks issuance of a Writ of Mandamus to direct the third respondent to pass final orders on the petitioner's representation for including her name in the joint patta. The said representation was made on 01.08.2024. Based on the Will of Alagammal dated 22.02.2013, the mother of the petitioner, the petitioner seeks inclusion of her name in the joint patta, which already stands mutated in the name of her mother and others.
4. The learned Special Government Pleader appearing for the respondents would submit that in the patta, name of the father of the petitioner has been reflected as Thangam, whereas, in the Will the name of the petitioner's father is reflected as Thangam Asari. He would 2/5
therefore contend that unless the petitioner clarifies the said mistake, it would not be opened to the respondents to process the petitioner's application for including her name in joint patta.
5. Having considered the submissions made on either side, the petitioner only seeks for inclusion of her name in the joint patta based on her mother's title. No doubt, as rightly contended by the learned Special Government Pleader, the petitioner's father's name is wrongly mentioned in the patta, which appears to be only typographical inadvertent mistake in the registered documents, namely, sale deed as well as the Will and moreover, the mutation is sought only based on the mother's right and not the father's right. Therefore, it would suffice to direct the petitioner to produce the aadhaar card of the mother to evidence the fact that she is the daughter of the Thangam Asari and Alagammal. In the event of petitioner being unable to produce any other document to address the mismatch in the name of the father, then it is open to the authorities to receive a notarised affidavit of declaration of the petitioner that her father's name is only Thangam Asari. Upon the petitioner satisfying the addressing the mismatch in the name of the petitioner's father, the 3/5
authorities shall pass final orders on the petitioner's application dated 01.08.2024, within a period of two weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition is disposed of. No costs.
Index : Yes / No NCC : Yes / No 17.03.2025 am To
1. The District Collector Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer Sattur, Virudhunagar District.
3.The Tahsildar Virudhunagar Taluk, Virudhunagar District.
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P.B. BALAJI , J.
am Order made in Dated:
17.03.2025 5/5