Madras High CourtWP(MD)/23265/2017disposed of

Alagu Achi v. The District Collector

2017-12-19Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.23265 of 2017 Alagu Achi ... Petitioner vs.

1. The District Collector, District Collector Office, Pudukottai District.

2. The Revenue Divisional Officer, R.D.O.Office, Pudukottai District.

3. The Tahsildar, Tahsildar Office, Thirumayam, Pudukottai District.

4. The Revenue Inspector, Thirumayam, Pudukottai District.

5. The Village Administrative Officer, B.Alagapuri Village, Thirumayam, Pudukottai District.

6.Meenakshi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 3rd respondent to consider the representation of the petitioner dated 31.10.2017 and not to make any changes in respect of Patta Number 562, Old Survey Number: 182pa, New Survey Number:325/4A to an extent of 0.07.0 ares Billamangalam Village, Thiumayam Taluk, Pudukottai District till the completion of civil proceedings in O.S.107/2017 pending before the District Munsif Court, Thiruppathur, Sivagangai District.

For Petitioner : Mr.R.Ganesh Prabu For R1 to R5 : Mr.M.Alagathevan Special Government Pleader

O R D E R

This writ petition has been filed, seeking direction to the the third respondent to consider the petitioner's representation dated 31.10.2017 and not to make any changes in respect of Patta Number 562, Old Survey Number: 182pa, New Survey Number:325/4A to an extent of 0.07.0 ares Billamangalam Village, Thiumayam Taluk, Pudukottai District, till the completion of civil proceedings in O.S.107 of 2017, pending before the District Munsif Court, Thiruppathur, Sivagangai District.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 5. By consent, the writ petition itself is taken up for final disposal at the stage of admission. 3.The case of the petitioner is that the above stated property is the ancestral property of the petitioner and patta for the same stands in the name of the petitioner's father and after his demise, the said property has been enjoying by the petitioner and her family members. While so, the sixth respondent herein has created forged documents and tried to obtain patta in his favour in respect of the said property. Hence, the petitioner has given a representation dated 31.10.2017 to the respondents 1 to 5, seeking not to make any changes in respect of the property as mentioned in patta No.562. Since the same has not been considered so far by the respondents 1 to 5, the petitioner is before this Court with the above stated prayer.

4.The learned Special Government Pleader appearing for the respondents 1 to 5 submitted that if reasonable time is granted to the respondents, the representation of the petitioner will be considered and appropriate orders will be passed. 5.In view of the said submission, this Court, without going into the merits of the case, directs the third respondent to consider the representation of the petitioner dated 31.10.2017 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner, the sixth respondent herein and any of the interested parties. Till consideration, status quo to be maintained. 6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar