Kalpana Devi.A.S v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI A.S.Kalpana Devi ... Petitioner /Vs./

1. The District Revenue Officer, Office of the District Revenue Officer, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Musiri, Trichy.

3.The Tahsildhar, Office of the Tahsildhar, Thuraiyur, Trichy District.

4.K.Ramasamy 5.Sumathi (R4 & 5 impleaded by this Court order dated 24.02.2025 in WMP(MD)No.10791/2023) ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the representation dated 12.07.2021 and dispose of the same on merits within a time frame as fixed by this Court.

1/6

For Petitioner : Mr.S.I.Muthiah For Respondents : Mr.C.Satheesh Government Advocate for R1-3

ORDER

The petitioner seeks issuance of Writ of Mandamus, to direct the first respondent to consider and dispose of the petitioner's representation dated 12.07.2021.

2. At the instance of the petitioner, the respondents 4 and 5 have been impleaded in the present writ petition by order in WM.P.(MD)No. 10791 of 2023, dated 24.02.2025.

3. Though the respondents 4 and 5 have been represented by a counsel, all along in the W.M.P. stage, there is no appearance on the side of the respondents 4 and 5. Considering that no positive directions are being issued by this order, I have proceeded to hear the petitioner and the official respondents 1 to 3.

2/6

4. It is the case of the petitioner that they are the children of late Veerappa Pillai and in and by a partition deed amongst the paternal uncle and their father, the Schedule 'B' properties to the partition deed came to be allotted to the petitioner's father. However, the father's brother, by name, Ramaswamy had without the knowledge of the petitioner's father, during his lifetime, got the patta transferred in respect of Schedule 'B' property allotted to the petitioner's father even under U.D.R. scheme and based on this, he got revenue records mutated in his favour. On coming to know of the same, the petitioner has given a representation to the first respondent, the competent authority on 12.07.2021, seeking cancellation of patta issued in the name of the their paternal uncle and subsequently, his wife Suseela, based on a settlement deed executed. The grievance of the petitioner is that the said application has not been taken up for hearing and therefore, the writ petition has been filed seeking expeditious disposal of the said representation dated 12.07.2021.

5. Considering the fact that the writ petition is only seeking limited 3/6

relief of directing the first respondent to consider and pass orders on the petitioner's representation dated 12.07.2021, I deem it fit to direct the first respondent to consider the representation of the petitioner dated 12.07.2021, in accordance with law on merits and after affording an opportunity to the petitioner as well as respondents 4 and 5. The said exercise shall be completed within a period of four weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Index : Yes / No 24.02.2025 NCC : Yes / No LS 4/6

TO:-

1. The District Revenue Officer, Office of the District Revenue Officer, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Musiri, Trichy.

3.The Tahsildhar, Office of the Tahsildhar, Thuraiyur, Trichy District.

5/6

P.B. BALAJI , J.

LS Order made in Dated:

24.02.2025 (2/2) 6/6