A.Mariammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.17980 of 2015 A.Mariammal ... Petitioner Vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.The Thasildar, Ottapidaram Taluk, Tuticorin District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to issue the joint patta in the name of Mariammal in respect of petitioner land comprised in Survey No.307/2, Parivallikottai Village to an extent of 1 acre 7 cents based on petitioner's representation dated 22.07.2015. For Petitioner : Mr.S.Alagusundar For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader *****

O R D E R

This writ petition has been filed seeking a writ of Mandamus, directing the respondents to issue joint patta in respect of the subject mentioned property, by considering her representation dated 22.07.2015.

2. According to the petitioner, the property in question belongs to herself and one, Rajapandian. Whereas, the patta stands in the name of some third parties and aggrieved over the same, the petitioner has submitted a representation before the authorities and because of their inaction, the present petition came to be filed.

3. After due notice, a counter affidavit came to be filed, by the learned Additional Government Pleader, wherein, at paragraph 4, it is averred as follows:

"...After getting report from Revenue Assistant with regard https://hcservices.ecourts.gov.in/hcservices/

to transfer of patta in the name of Tmt.Esthar Pappa by proceeding in STR 790/2004 dated 05.11.2014 patta No.1341 was issued in the name of Esthar Pappa. It is pertinent to note that while making sub division in respect of land in S.No.307/2 is belonging to the writ petitioner. After knowing the mistake crept in the revenue records action is being taken to rectify the same. I respectfully submits that on getting report from the subordinate this respondent will take necessary action to rectify the mistake in the revenue records in due course of time..."

4. Heard both sides and perused the documents available on record.

5. Considering the facts and circumstances of the case, this writ petition is disposed of, directing the respondents to pass appropriate orders, on merits and in line with the observation made in their counter, at paragraph 4, after affording due opportunity of hearing to the petitioner and all the other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.The Thasildar, Ottapidaram Taluk, Tuticorin District.

+1cc to M/s.S.ALAGUSUNDAR Advocate in SR. No. 87535 GK JS/JC/SAR.1/7.12.2017/2P-5C W.P(MD)No.17980 of 2015 15.11.2017 https://hcservices.ecourts.gov.in/hcservices/