D.Praba v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA D.Praba .. Petitioner Vs.

1.The Revenue Divisional Officer, Uthamapalayam, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Theni District.

3.The Village Administrative Office,r Thevaram Village, Uthamapalayam Taluk, Theni District.

4.Perumal 5.Venkateshwaran 6.Thirupathykumar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent

to dispose petitioner's Revision Petition No. 4432/2023, dated 14.08.2023 regarding to cancel the patta nos.9992, 9993, 9994 in Survey Nos.1253/4A2, 1253/4A3, 1253/4A4 situated in Thevaram Village, Uthamapalayam Taluk, Theni District in favour of 4 to 6 respondents and issue joint patta to petitioner's name and others. For Petitioner :

Mr.S.Balaji For R1 - R3 :

Mr.P.Thambidurai Government Advocate

ORDER

Challenging the grant of patta in favour of the respondents 4 to 6, the petitioner had filed an appeal before the 1st respondent for its cancellation on 14.08.2023. Though over an year has lapsed since filing of the appeal, no further action has been taken with reference to the said revision.

2. The contention of the petitioner is that the lands comprised in Survey Nos.1253/4A2, 1253/4A3, 1253/4A4 situated in Thevaram Village, Uthamapalayam Taluk, Theni District had been gifted by the petitioner's grand-father's mother in favour of the petitioner's grand-

father under a registered document, dated 10.03.1928 registered before the Sub Registrar Office, Uthamapalayam. The petitioner's grand-father had one son and 4 daughters and since his grand-father's son had died while serving in the army, his grand-father had executed a registered gift deed in favour of his four daughters, dated 22.03.1978 and from the date of the said gift deed, they are in possession of the property. The petitioner is the daughter of Rajamani, who is the elder daughter of his grandfather. Despite the respondents 4 to 6 having no right whatsoever on the property, patta has been granted to them. Hence, the petitioner has made a representation on 14.08.2023 to the 1st respondent. Aggrieved by the fact that her appeal has not been taken up for consideration, the petitioner is before this Court.

3. Considering the request of the petitioner and taking note of the fact that the document stands in the name of the petitioner, a mandamus is issued to the 1st respondent to dispose of the appeal filed by the petitioner within a period of one (1) month from the date of receipt of copy of this order.

4. With the above direction, this Writ Petition stands allowed. No costs.

13.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Revenue Divisional Officer, Uthamapalayam, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Theni District.

3.The Village Administrative Office,r Thevaram Village, Uthamapalayam Taluk, Theni District.

P.T.ASHA, J.

gbg 13.09.2024