Mayee P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Mayee ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Madurai-625 020.

2.The District Revenue Officer, Office of the District Revenue Office, Office of the District Collector, Madurai-625 020.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Thirumangalam, Madurai District.

4.The Tahsildar, Office of Thirumangalam Tahsildar, Thirumangalam, Madurai District.

5.Chellammal 6.Poochammal 7.Parvathi Sammanasu

...Respondents

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PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 16.06.2023 to cancel Patta No.189 standing in the name of one Chellammal wife of Manithevar, Poochammal wife of Ponnangan and Parvathi Sammanasu wife of Ankathevar are the respondents 5 to 7 herein and to issue the patta in the name of his mother, Panjammal.

For Petitioner : Mr.B.Sukumar For Respondents : Mr.M.Sarangan Additional Government Pleader for R1 to R4

O R D E R

This Writ Petition has been filed seeking for a direction to the second respondent to cancel the patta No.189 standing in the name of the respondents 5 to 7 and issue patta in favour of the petitioner's mother, namely, Panjammal, by considering the representation of the petitioner dated 16.06.2023.

2. The grievance of the petitioner is that the patta, which stands in the name of the petitioner's father for the land in S.No.11/1 to an extent of 2 Acres 18 cents has been wrongly entered in the name of the 2/6

respondents 5 to 7 herein. Therefore, the petitioner has submitted an application before the first respondent, namely, the District Collector during the Grievance Day on 03.02.2020. The application submitted before the first respondent appears to have been forwarded to the Revenue Divisional Officer in O.Mu. No.74/2021/A3. The petitioner has also submitted subsequent representations to the concerned Revenue officials. However, the petitioner's grievance has not been redressed.

3. The learned counsel appearing for the petitioner, by relying on the acknowledgement receipt, dated 03.02.2020, submits that the application for grant of patta was given in the year 2020, however, the same has not been considered so far.

4. In response to the said submissions made by the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the official respondents submits that though the petitioner has submitted an application in the year 2020, he did not appear for enquiry and his application was considered and rejected vide order, dated 29.10.2022. Thereafter, he has submitted another application on 3/6

16.10.2022. The same would be considered and disposed of within four weeks.

5. Considering the submissions made by both sides, the petitioner is permitted to appear before the second respondent along with the required documents on 13.10.2023. On appearance of the petitioner, the second respondent shall conduct enquiry and take a decision after providing sufficient opportunity to the petitioner and the aggrieved parties, if any, and conclude the proceedings within a period of four weeks therefrom in accordance with law.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

22.09.2023 Index: Yes/No Internet: Yes/No ssb 4/6

To

1. The District Collector, Office of the District Collector, Madurai-625 020.

2.The District Revenue Officer, Office of the District Revenue Office, Office of the District Collector, Madurai-625 020.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Thirumangalam, Madurai District.

4.The Tahsildar, Office of Thirumangalam Tahsildar, Thirumangalam, Madurai District.

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B.PUGALENDHI, J.

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