Vadukammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Vadukammal .. Petitioner Vs.
1.The District Collector, Ramanathapuram District.
2.The Revenue Divisional Officer, Ramanathapuram Divisiona, Ramanathapuram District.
3.Tahsildar, Ramanathapuram Taluka, Ramanathapuram District.
.. Respondents Prayer:Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 2nd and 3rd respondents to speedy disposal of the petitioner's petition dated 01.08.2024 in Na.Ka.No.A6/7488/2024 for issuing a patta a Survey No. 264/1 in Chittarkottai Revenue Village, Ramanathapuram Taluka,
Ramanathapuram District pending before the respondent within a time stipulated by this Court.
For Petitioner :
Mr.B.Mahendrarajan For R1, R3 & R5 :
Mr.D.S.Nedunchezian Government Advocate
ORDER
This writ petition is filed for a Mandamus directing the second and third respondents to speedy disposal of the petitioner's petition dated 01.08.2024 in Na.Ka.No.A6/7488/2024 for issuing a patta in Survey No. 264/1 situated at Chittarkottai Revenue Village, Ramanathapuram Taluka, Ramanathapuram District, pending before the respondents. 2.It is the contention of the petitioner that the property measuring an extent of 3.81 acres comprised in S.No.264/1 situated at Ramanathapuram District, belonged to the petitioner's husband viz., Namelu Ponnusamy. After the demise of her husband, her son and daughter had inherited the same. Thereafter, the petitioner had executed a settlement deed in favour of her son in respect of her share an extent of
54.28 cents under a registered settlement deed dated 24.03.2024. The petitioner and her son had been enjoying the said property. While so, 01.08.2024 she came to know that one Kamaraj and Rajavelu had staked a claim over the property and obtained patta for their favour. The petitioner, on the very same day, had made an application for cancellation of the patta. The first respondent had forwarded the said petition to the second respondent, who in turn, had forwarded the application to the Tahsildar on 23.08.2024. However, no enquiry has been conducted and therefore, she is before this Court.
3. Heard the learned counsel on either side.
4.In the light of the fact that the petitioner claims title to the property and the transaction has been done by them in respect of the aforesaid property and the said Kamaraj and Rajavelu had obtained a patta without notice to the petitioner and her children, her application for cancellation of patta has to be disposed of at the earliest. Therefore, a Mandamus is issued to the second and third respondents to dispose the
petitioner's petition dated 01.08.2024 in Na.Ka.No.A6/7488/2024, after verifying the relevant records, within a period of five months from the date of receipt of a copy of this order.
5.With the above direction, this Writ Petition stands allowed. No costs.
25.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns To 1.The District Collector, Ramanathapuram District.
2.The Revenue Divisional Officer, Ramanathapuram Divisiona, Ramanathapuram District.
3.Tahsildar, Ramanathapuram Taluka, Ramanathapuram District.
P.T.ASHA, J.
Ns Dated: 25.09.2024