Regina Abraham v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Regina Abraham ... Petitioner Vs
1. The District Collector, Thoothukudi District , Thoothukudi.
2. The District Revenue Officer, Thoothukudi District , Thoothukudi.
3. The Revenue Divisional Officer, Thiruchendur Revenue Division, Tiruchendur - 628 215, Thoothukudi District.
4. The Tahsildar, Eral Taluk Office, Eral - 628 801, Thoothukudi District.
5. Vetrivel ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 4th respondent to cancel the individual Patta stands exclusively in the name 1/6
of 5th respondent for the Punja land to the extent of 0.7.50 Hectares, in S.No.8/5A, Thenthiruppaerai Village, Eral Tk., Tuticorin Dist, which covered in Patta No.1319, in the light of the petitioner's representation, dated 11-09-2021 within a time frame as stipulated by this Court. For Petitioner : Mr. P.Santhana Krishnan For Respondents : Mr.B.Saravanan (R1 to R4) Additional Government Pleader Mr.R.Venkatraman (R5)
O R D E R
This writ petition has been filed for the issue of a writ of mandamus, directing the fourth respondent to deal with the representation made by the petitioner, dated 11.09.2021, wherein, the petitioner is questioning the grant of patta exclusively in the name of the fifth respondent with respect to the subject property. 2.Heard, the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 to 4 and the learned counsel appearing for the fifth respondent. 3.The case of the petitioner is that the property originally belongs to the father-in-law of the petitioner. On his demise, it was 2/6
inherited by his four sons. One of the son was the husband of the petitioner. The grievance of the petitioner is that two of the shareholders sold their shares in the property, in favour of the fifth respondent. Based on the same, the fifth respondent approached the fourth respondent and the patta was transferred in the exclusive name of the fifth respondent for the entire property. According to the petitioner, the petitioner is also having one share in the property, which was inherited from her late husband. Therefore, the petitioner made a representation before the fourth respondent in this regard. Since the same was not considered, the present writ petition was filed before this court. 4.The written instructions received from the fourth respondent was placed before this Court.
On going through the same, it is stated that there was no co-operation on the side of the parties. Therefore, the fourth respondent is not able to conduct any enquiry. 5.
completion of the enquiry and for passing orders. 6.Taking into consideration the facts and circumstances of the case and the written instructions received from the fourth respondent, there shall be a direction to the petitioner and the fifth respondent to cooperate for the enquiry, pending before the fourth respondent. The fourth respondent shall enquire the parties and pass orders in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.
7.This writ petition disposed of with the above directions. No costs.
15.11.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No PNM 4/6
To
1. The District Collector, Thoothukudi District , Thoothukudi.
2. The District Revenue Officer, Thoothukudi District , Thoothukudi.
3. The Revenue Divisional Officer, Thiruchendur Revenue Division, Tiruchendur - 628 215, Thoothukudi District.
4. The Tahsildar, Eral Taluk Office, Eral - 628 801, Thoothukudi District.
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N.ANAND VENKATESH, J.
PNM ORDER IN 15.11.2023 6/6