Baby Ammal.M v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Baby Ammal.M, ... Petitioner Vs

1. The District Collector,, Thanjavur District.

2. The Revenue Divisional Officer, Thanjavur.

3. The Tahsildar, Thanjavur.

4.Brahmmapureeshwarar Temple represented by the Executive Officer of Arulmigu Vashistheeswarar Thirukovil, Thittai, Thanjavur District ... Respondents (4th respondent is suo motu impleaded as per the orders of this Court dated 09.10.2023) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to

consider and dispose the petitioner representation dated 30.5.2015 in respect of T.S.No.2269, T.S.No.2270 and T.S.No.2274 Block No.35, Ward No.3, Batgosamy Vattaram, Manojiappa Veethi, Thanjavur Town and effect necessary charges in the revenue records For Petitioner :Mr.Vadivel.P, For Respondents :Mr.R.Ragavendran Government Advocate

O R D E R

Brahmmapureeshwarar Temple represented by the Executive Officer of Arulmigu Vashistheeswarar Thirukovil, Thittai, Thanjavur District is suo motu impleaded as 4th respondent in the writ petition.

2. This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider and dispose the representation made by the petitioner on 30.5.2015, wherein the petitioner has sought for making changes in the revenue records based on her title deeds.

3.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

4.The case of the petitioner is that her husband purchased the subject property through a registered sale deed dated 24.06.1964. The petitioner is having the prior title to the document dated 30.05.1896. According to the petitioner, her husband died intestate on 20.05.1993 leaving behind the petitioner and her children. The petitioner came to know that the revenue records stands in the name of the 4th respondent. Hence, she made a representation to the second respondent on 30.05.2020 seeking for mutation of the revenue records. This was forwarded to the third respondent and the third respondent had also sent a notice for enquiry. Thereafter, there was absolutely no progress and hence, the present writ petition has been filed before this Court.

5. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that even a subsequent notice was issued by the Zonal Tahsildar, Thanjavur on 04.02.2021 calling the parties for enquiry and

even thereafter there was no progress.

6. Taking into consideration the facts and circumstances of the case and the limited relief sought for in the writ petition, there shall be a direction to the third respondent to conduct an enquiry by issuing notice to the petitioner and the fourth respondent and final decision shall be taken on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the third respondent along with a copy of this order.

7. This writ petition is disposed of with the above terms. No costs. 09.10.2023 NCC :Yes/No Index :Yes/No Note: Registry to make necessary amendment RR

To

1. The District Collector,, Thanjavur District.

2. The Revenue Divisional Officer, Thanjavur.

3. The Tahsildar, Thanjavur.

4.Brahmmapureeshwarar Temple represented by the Executive Officer of Arulmigu Vashistheeswarar Thirukovil, Thittai, Thanjavur District

N.ANAND VENKATESH, J.

RR W.P.(MD)No.19146 of 2020 09.10.2023