Ganesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Ganesan .. Petitioner Vs.
1.The District Collector, Office of the District Collector, Madurai.
2.The District Revenue Officer, Office of District Revenue Officer, Madurai Collectorate Campus, Madurai.
3.The Revenue Divisional Officer, Thiruparamkundram Revenue Division, Thiruparamkundram, Madurai.
4.The Village Administrative Officer, Perungudi Village, Thiruparamkundram Taluk, Madurai.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and 2nd
respondents to consider and pass necessary order on the petitioner's representation, dated 09.07.2024 within a time frame fixed by this Court. For Petitioner :
Mr.V.Chandrapandi For Respondents :
Mr.B.Saravanan Additional Government Pleader
ORDER
The writ petition is filed for a Mandamus seeking a direction to the 1st and 2nd respondents to consider and pass necessary order on the petitioner's representation, dated 09.07.2024.
2. The petitioner would submit that the property measuring 30 cents in Survey No.177/2, Perungudi Village, Thiruparamkundram, Madurai was purchased by his father Subaiah Chettiyar and mother Rajamal from one Periyasamy under a registered sale deed, dated 12.02.1969. The patta was jointly given in the joint names of his parents in Patta No.1599. Survey No.177/2 was subdivided as 177/2A on 16.08.2018. The petitioner's parents continued to be in possession. After the demise of the parents, Patta No.1599 was transferred to the name of the petitioner and his elder brother Meenakshi Sundaram. When the
petitioner had attempted to mortgage the said property for enabling his daughter to go study abroad, the petitioner was asked to obtain the patta and at that point in time, to his shock and surprise, he saw the name of Janani included in the patta. The said Janani has nothing to do with the property. Therefore, the petitioner made a representation to the 1st respondent as to how Janani's name had been included in the patta without notice to the petitioner. There is no response to the same. Therefore, the petitioner has come forward with this writ petition.
3. Considering the facts and circumstances of the case, particularly the fact of Janani's name being included without notice to the petitioner, this Court is inclined to allow this writ petition by directing the respondents to consider the representation of the petitioner, dated 09.07.2024 and pass orders. While passing orders, the respondents 1 and 2 are directed to issue notice to the said Janani intimating her about the enquiry and calling for her objection. The said exercise shall be completed within a period of six (6) weeks from the date of receipt of copy of this order.
4. With the above direction, this Writ Petition stands allowed. No costs.
06.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Office of the District Collector, Madurai.
2.The District Revenue Officer, Office of District Revenue Officer, Madurai Collectorate Campus, Madurai.
3.The Revenue Divisional Officer, Thiruparamkundram Revenue Division, Thiruparamkundram, Madurai.
4.The Village Administrative Officer, Perungudi Village, Thiruparamkundram Taluk, Madurai.
P.T.ASHA, J.
gbg 06.08.2024