Chellam.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Chellam

...Petitioner

Vs.

1.The District Collector, Tiruchirapalli District, Collectorate Buildings, Tiruchirapalli-620 001. 2.The District Revenue Officer, Tiruchirapalli District, Collectorate Buildings, Tiruchirapalli-620 001. 3.The Revenue Divisional Officer, Srirangam Zone, Muthukulam, Tiruchirappalli District.

4.The Tahsildar, Marugapuri, Tahsildar's Office, Marungapuri, Trichirappalli District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to initiate appropriate enquiry upon the representation / application dated 05.07.2020 of the petitioner and to include her name along with other legal heirs of Ramasamy as joint pattadhars in respect of the properties left behind by Ramasamy, situated in Usilampatty Village, Manapparai Taluk, Tiruchirappalli District, which are covered under patta bearing Nos.275, 334, 342 and 379 within the time frame to be fixed by this Court. For Petitioner : Mr.K.S.Kathiravan For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the 4th respondent to conduct the enquiry based on the representation/application made by the petitioner, on 05.07.2020, wherein, the petitioner is seeking for including her name in the patta along with all other legal heirs.

2.The case of the petitioner is that the subject property originally belonged to her father by virtue of a partition deed, dated 10.07.1963. 1/3

The further case of the petitioner is that her father through the first wife had one son named Jeya Chandran. After the demise of the first wife, the petitioner's father married one Pappammal and through this wedlock, three children were born, out of whom, the petitioner was also one of the daughter. It is stated that the brother of the petitioner namely Raja Sekaran died leaving behind his wife and children as his legal heirs.

3.The grievance of the petitioner is that the property was jointly enjoyed by all the legal heirs and the petitioner as a co-sharer is entitled for 1/4th share in the property. That being so, one of the legal heir namely Jeya Chandran alone managed to get a patta in his name with respect to the subject property.

4.The petitioner therefore, made a representation / application to the fourth respondent to include the name of all the legal heirs and issue a joint patta with respect to the subject properties. Since the same was not considered, the present writ petition has been filed before this Court, seeking for appropriate directions. 5.Heard Mr.K.S.Kathiravan, learned counsel for the petitioner and Mr.M.Lingadurai, learned Government Advocate for the respondents 1 to 4. 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 fourth respondent to consider the representation made by the petitioner, on 05.07.2020 and deal with the same on its own merits and in accordance with law and take a decision within a period of six weeks from the date of receipt of a copy of this order. The fourth shall issue notice to all the other interested parties, before taking a decision.

7.The petitioner is directed to make a fresh representation to the fourth respondent along with all relevant documents and also a copy of this order.

8.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

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Tiruchirapalli District, Collectorate Buildings, Tiruchirapalli-620 001. 2.The District Revenue Officer, Tiruchirapalli District, Collectorate Buildings, Tiruchirapalli-620 001. 3.The Revenue Divisional Officer, Srirangam Zone, Muthukulam, Tiruchirappalli District.

4.The Tahsildar, Marugapuri, Tahsildar's Office, Marungapuri, Trichirappalli District.

+1CC Mr.K.S.Kathiravan, Advocate (SR24742) +1CC Mr.Special Government Pleader (SR24723) 28.07.2021 RS (05.08.2021) 3P 7C 3/3