Oyyammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2022
CORAM
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.23998 of 2022 Oyyammal, W/o.Natarajan .. Petitioner
Versus
1.The District Collector, Sivagangai District Collectorate, Sivagangai, Tamil Nadu.
2.The District Revenue Officer, Sivagangai District Collectorate, Sivagangai, Tamil Nadu.
3.The Revenue Divisional Officer, Sivagangai Revenue Division Office, Sivagangai District, Tamil Nadu.
4.The Tahsildar, Sivagangai Taluk Office, Sivagangai District, Tamil Nadu.
.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to dispose the pending enquiry as per the direction letter, vide O.Mu.P1/13670/2022, dated 09.05.2022 of the first respondent in the light of final representation, dated 26.09.2022 to the first respondent given by the petitioner, within a stipulated time as fixed by this Court.
For Petitioner : Mr.P.Murughadasan For Respondents : Mr.D.Gandhiraj Special Government Pleader 1/5
ORDER
The petitioner has prayed for issuance of a Writ of Mandamus, directing the third respondent to dispose the pending enquiry as per the direction letter of the first respondent, vide his proceedings in O.Mu.P1/13670/2022, dated 09.05.2022, in the light of final representation sent by the petitioner to the first respondent, dated 26.09.2022, within a time frame. 2.
According to the petitioner, her father - Karupaihah Konar purchased an agricultural land, measuring an extent of 33 cents out of 75 cents in S.No.222/12, situated at Kandangipatti Village, Sivagangai Taluk, Sivagangai District, from one Pambaiya Konar and Packiya Konar through a registered sale deed, bearing Document No.287/1957, on the file of the SubRegistrar Office, Sivagangai. After a lapse of six months, the said Pambaiya Konar and Packiya Konar sold 40 cents of land out of 42 cents to one Yelammal, W/o.Subramani, vide registered sale deed, dated 12.08.1957, bearing Document No.1629/1957. The petitioner's father gave the above mentioned property to her as Streedhan. The petitioner's husband built a house in the said property, but before executing the gift deed, her father died. 3.
Further, according to the petitioner, the revenue authorities of Sivagangai District, while converting the agricultural land into Natham House 2/5
Plot, without considering the above said registered sale deeds, unlawfully mutated the above said 75 cents of land into several parts and inserted a name of one K.Sonai Konar, who is not the owner of the said property, as a joint owner in S.No.222/12C. Further, in S.No.222/12B, the name of one Asothai, W/o.Sevugan, has been included in 10(1) Computer Chitta/Patta. In order to correct the above said error, the petitioner has given a representation to the first respondent, who in turn, had directed the third respondent to take action on the petitioner's representation. However, no action was taken by the third respondent. Hence, on 26.09.2022, the petitioner sent a detailed representation to the first respondent. But, the same has not been considered so far. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.
4.
The learned Special Government Pleader appearing for the respondents submitted that the enquiry would be completed pursuant to the proceedings of the first respondent, dated 09.05.2022, and appropriate orders would be passed on merits and in accordance with law, within a time frame. 5.
Recording the aforesaid submission made by the learned Special Government Pleader appearing for the respondents, this Court, without going into the merits of the matter, directs the third respondent to complete the 3/5
enquiry on the representation of the petitioner, dated 26.09.2022, pursuant to the proceedings of the first respondent, dated 09.05.2022, and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to all the necessary parties concerned, within a period of 16 weeks from the date of receipt of a copy of this order. 6.
This Writ Petition stands disposed of with the above direction. No costs.
Index : Yes/No 08.11.2022 smn2 To 1.The District Collector, Sivagangai District Collectorate, Sivagangai, Tamil Nadu.
2.The District Revenue Officer, Sivagangai District Collectorate, Sivagangai, Tamil Nadu.
3.The Revenue Divisional Officer, Sivagangai Revenue Division Office, Sivagangai District, Tamil Nadu.
4.The Tahsildar, Sivagangai Taluk Office, Sivagangai District, Tamil Nadu.
4/5
V.BHAVANI SUBBAROYAN, J.
smn2 Order made in W.P.(MD) No.23998 of 2022 08.11.2022 5/5