Krishnaveni v. The Dist. Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Krishnaveni ... Petitioner Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The District Revenue Officer, Tirunelveli District, Tirunelveli.
3.The Thasildhar, Palayamkottai Taluk, Tirunelveli District.
4.The Village Administrative Officer, Parpakulam Village, Tirunelveli District.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 3rd respondent to make necessary modification/correction and include the name of the petitioner in the joint patta bearing Patta Nos.7, 94, 192, 431 and 511 in respect of the joint family property comprised in Survey Nos.72/6B, 76/1A2B, 76/1A2A, 76/1A1B, 76/1A2C, situated in Parpakulam Village, Palayamkottai Taluk, Tirunelveli District to issue the same to her based on the petitioner's repeatedly, dated 04.01.2021.
For Petitioner : Mr.A.Banumathi For Respondent : Mr.P.Mahendran Additional Government Pleader
ORDER
This writ petition has been filed for the issuance of Writ of Mandamus, directing the respondents to consider the representation made by the petitioner, on 04.01.2021, wherein, the petitioner is seeking for modification / correction in the revenue records and also for the inclusion of the name of the petitioner as one of the joint pattadars, with respect to the subject property. 1/3
2.The case of the petitioner is that the subject property was originally owned by her maternal grandfather. According to the petitioner, after the demise of her grandfather, the male legal heirs managed to get their names mutated in the revenue records by leaving out all the female heirs. The further case of the petitioner is that this took place at the time, when the UDR scheme was implemented.
3.The petitioner made a representation to the respondents on 09.03.2020, seeking for correction / modification of the revenue records and to add the name of the petitioner also as one of the joint pattadars. According to the petitioner, the first respondent had forwarded the representation to the third respondent to take necessary action and the third respondent has also sought for a report from the fourth respondent. It is further stated that the fourth respondent has also given a report to the effect that the names of the female legal heirs was not included in the revenue records while granting the UDR patta.
4.The grievance of the petitioner is that there was absolutely no progress thereafter and left with no other option, the present writ petition has been filed before this Court, seeking for appropriate directions.
5.Heard Mrs.A.Banumathi, learned counsel for the petitioner and Mr.P.Mahendran, learned Additional Government Pleader for the respondents.
6.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 petitioner to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order. The second respondent, on receipt of the representation, shall get a report from the third respondent and thereafter, deal with the representation on its own merits and in accordance with law, after affording opportunity to the petitioner and all other interested parties. The second respondent shall pass final orders, within a period of twelve weeks from the date of receipt of the representation from the petitioner. 7.This Writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The District Revenue Officer, Tirunelveli District, Tirunelveli.
3.The Thasildhar, Palayamkottai Taluk, Tirunelveli District.
4.The Village Administrative Officer, Parpakulam Village, Tirunelveli District.
+1 CC to M/s.SPL GP ( SR-17941[F] dated 28/04/2021 ) 27.04.2021 AS(10.06.2021)3P 6C 3/3