P.Aayammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conference) P.Aayammal

...Petitioner

Vs.

1) The District Collector,

2) The Revenue Divisional Officer,

3) The Tahsildar, Vadipatti Taluk Office, .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to issue necessary direction to the 3rd respondent to implement the order by the 2nd respondent in Nee.Mu.No.7801/2013 dated 08.10.2014 forthwith by considering the petitioner's representation dated 15.12.2014 made to the respondents.

For Petitioner : Mr.R.Manoharan For Respondents : Mr.K.P.Narayana Kumar, Special Government Pleader ******

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the third respondent to implement the order passed by the second respondent through proceedings dated 08.10.2014.

2. The case of the petitioner is that the subject property originally belonged to her husband and after his demise, the legal heirs become entitled to the property. The further case of the petitioner is that the Patta was wrongfully transferred in favour of one Oyyammal. The petitioner, therefore made an application for removal of the name of the said Oyyammal. The second respondent, through proceedings dated 08.10.2014, allowed the application and directed the third respondent to remove the name of Oyyammal and incorporate the name of the petitioner and the other legal heirs.

3. The grievance of the petitioner is that this order has not been implemented by the third respondent inspite of the 1/3

representation made by the petitioner on 15.12.2014. Left with no other option, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.R.Manoharan, learned counsel for the petitioner and Mr.K.P.Narayana Kumar, learned Special Government Pleader appearing for the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, if the third respondent has not already implemented the order passed by the second respondent, there shall be a direction to the third respondent to act upon the representation made by the petitioner on 15.12.2014 in line with the order passed by the second respondent through proceedings dated 08.10.2014 and complete the process within a period of four(04) weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and a copy of this order.

7. This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) sts 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,

2) The Revenue Divisional Officer, 2/3

3) The Tahsildar, Vadipatti Taluk Office, +1 CC to M/s.SPL GP ( SR-16959[F] dated 21/04/2021 ) Order made in Dated: 20.04.2021 ES(CO) TR(10.06.2021) 3P 5C 3/3