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Madras High CourtWP(MD)/15927/2021disposed of

Muniyammal v. The Government Of Tamil Nadu, Rep By

2021-09-03Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY 1.Muniyammal 2.Nallakkal ... Petitioners Vs.

1.The Government of Tamil Nadu, Represented by the District Collector, District Collectorate, Madurai.

2.The Revenue Divisional Officer, Tirumangalam, Madurai District.

3.The Tahsildar, Taluk Office, Kallikudi, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents herein to correct the name of the second petitioner and also the names of the petitioners' husbands in Patta No.2131, relating to the property in Survey No.168/8 of the M.Puliyankulam Revenue Village, Madurai District and issue a correct patta in favour of the petitioners, considering the Legal Notice dated 13.02.2021.

For Petitioners : Mr.S.Kadarkarai For Respondents : Mr.P.Subbaraj, Counsel for State.

ORDER

The petitioners seek a direction for rectification of the names of the husbands of each of the petitioners and also the name of the second petitioner in the patta issued in respect of the property bearing Survey No.168/8 at M.Puliyankulam Revenue Village, Madurai District.

2. The contention of the petitioners is that Patta No.2131 in respect of the above mentioned property has been issued in the names of Muniyammal and Nallakannu. The name of the first 1/3

petitioner is said to be mentioned correctly. But as regards the name of the second petitioner, it has been wrongly mentioned as Nallakannu instead of Nallakkal. As regards the husband of the first petitioner, it has been wrongly mentioned as Mookkama Niacker whereas the correct name is P.Ramasamy. Similarly as regards the second petitioner, the correct name is Nagamuthu, whereas it has been wrongly entered as Ramar. After submitting a representation dated 12.10.2020, the present Writ Petition is filed because such representation was not acted upon in spite of such representation being forwarded by the second respondent to the third respondent to conduct an inquiry and take necessary action thereon.

3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that if the necessary proof is submitted by the petitioners for the correct names of the second petitioner and the correct names of the husbands of each of the petitioners, the third respondent should take necessary action thereon.

4. In the aforesaid facts and circumstances, the petitioners are permitted to submit a fresh representation to the third respondent by enclosing all relevant documents to establish the correct name of the second petitioner and that of the husbands of each of the petitioners. Such fresh representation with the relevant documents should be sent to the third respondent herein within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt thereof, the third respondent is directed to consider such representation and take necessary action on such basis after providing a reasonable opportunity to the petitioners. In case the petitioners' representation is being rejected, the third respondent shall issue a reasoned order in such regard. In any case, the entire exercise shall be completed within a period of two (2) months from the date of receipt of the fresh representation from the petitioners.

5. Accordingly, W.P.(MD).No.15927 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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, District Collectorate, Madurai.

2.The Revenue Divisional Officer, Tirumangalam, Madurai District.

3.The Tahsildar, Taluk Office, Kallikudi, Madurai District.

+1 CC to M/s.S.KADARKARAI, Advocate (SR-28294[F] dated 06/09/2021) +1 CC to M/s.SPL GP (SR-28211[F] dated 06/09/2021) 03.09.2021 KS(CO) SB(13.09.2021) 3P 6C 3/3