Pitchaiamml v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Pitchaiammal ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The District Revenue Officer, Madurai District.

3.The Revenue Divisional Officer, Madurai District.

4.The Tahsildar, Madurai West Taluk, Madurai District.

5.V.Thangavel ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 4th respondent to issue separate patta in the name of the petitioner and Parameshwari on the basis of petitioner's representation dated 22.04.2022. 1/4

For Petitioner : Mr.M.Sankar For Respondents : Mr.M.Prakash, Addl. Government Pleader for R1 to R4.

No appearance for R5.

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 to 4. Notice has been issued to the fifth respondent but the notice has been served as unserved. It is seen even before the District Revenue Officer, Madurai, the fifth respondent did not appear. He remained ex-parte.

2.According to the writ petitioner, during UDR, the name of the fifth respondent was erroneously entered in respect of the petitioner mentioned property. Challenging the same, the writ petitioner moved the second respondent who by order dated 27.10.2021 directed mutation to be made in favour of the writ petitioner and one Parameshwari. The petitioner wants this order to be implemented. So long as the order 27.10.2021 is holding good, it has to be necessarily implemented. I therefore direct the fourth respondent to issue separate patta in the name of the writ petitioner and Parameshwari on 2/4

basis of her representation. The fourth respondent shall however issue a notice to the fifth respondent to his last known address and find out if the order dated 27.10.2021 is still holding good. If the fifth respondent has challenged the same and obtained an interim order or has got it set aside, then the question of implementation will not arise at all. The learned Additional Government Pleader for the official respondents states that as on date, there does not appear to have been any challenge to the order dated 27.10.2021. 3.Be that as it may, the fourth respondent will verify the facts and if the order dated 27.10.2021 has not been stayed and set aside, issue separate patta in favour of the writ petitioner and Parameshwari. Such an order will passed within a period of eight weeks from the date of receipt of a copy of this order. 4.The writ petition is disposed of accordingly. No costs. 05.08.2022 Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The District Collector, Madurai District.

2.The District Revenue Officer, Madurai District.

3.The Revenue Divisional Officer, Madurai District.

4.The Tahsildar, Madurai West Taluk, Madurai District.

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