Sowmiya v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Sowmiya ... Petitioner Vs.
1.The District Collector, Collectorate Building, Madurai-625 020.
2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Madurai.
3.The Sub Registrar, Tallakulam Sub Registrar Office, Madurai-625 002.
4.The Tahsildar, Madurai East Taluk, Tallakulam, Madurai District.
5.Parameswaran ... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to cancel the patta in the name of the fifth respondent in respect of the landed property in Survey No.87/1A in Patta No.357 situated at Tallakulam North Taluk, Udkadai Tallakulam, Alagar Kovil Main Road, Madurai District, on the basis of the petitioner's representation dated 19.04.2022. For Petitioner : Mr.M.Eswaran For R-1 to R-4 : Mr.M.Lingadurai Special Government Pleader
O R D E R
*********** This writ petition has been filed for a Mandamus, seeking for a direction to the second respondent to cancel the patta standing in the name of the fifth respondent in respect of the property comprised in Survey No.87/1A in Patta No.357 situated at Tallakulam North Taluk, Udkadai Tallakulam, Alagar Kovil Main Road, Madurai District, based on the petitioner's representation dated 19.04.2022, within a time frame to be fixed by this Court. 1/3
2.The petitioner is the wife and the fifth respondent is the husband and they are having a matrimonial dispute. According to the petitioner, illegally, the fifth respondent based on fraudulent documents has obtained patta in his name for the aforementioned property. The petitioner has filed documents along with this writ petition to substantiate her case. It is for the official respondents to consider the same on merits and in accordance with law. The petitioner seeks for cancellation of the patta standing in the name of the fifth respondent and she has given a representation on 19.04.2022 to the official respondents for the said purpose. 3.No prejudice would be caused to the second respondent, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the fifth respondent as well as any other necessary party whom the second respondent deems fit to enquire.
4.For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's representation dated 19.04.2022, seeking for cancellation of patta standing in the name of the fifth respondent in respect of property comprised in Survey No.87/1A in Patta No.357 situated at Tallakulam North Taluk, Udkadai Tallakulam, Alagar Kovil Main Road, Madurai District within a period of four [4] months from the date of receipt of a copy of this order after affording a fair hearing to the petitioner and the fifth respondent and any other necessary party whom the second respondent deems fit to enquire.
5.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (Admin -I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Collectorate Building, Madurai-625 020.
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2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Madurai.
3.The Sub Registrar, Tallakulam Sub Registrar Office, Madurai-625 002.
4.The Tahsildar, Madurai East Taluk, Tallakulam, Madurai District.
+1 CC to M/s.SPL.GP ( SR-21009[F] dated 25/04/2022 ) +1 CC to M/s.M. ESWARAN, Advocate ( SR-21297[F] dated 26/04/2022 ) ORDER MADE IN 22.04.2022 PKP/18.05.2022/3P/7C 3/3