Rajalakshmi V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.23044 of 2021 V.Rajalakshmi

...Petitioner

/Vs./ 1.The District Collector, Thanjavur.

2.The District Revenue Officer, District Revenue Office, Thanjavur.

3.The Thasildar, Taluk Office, Thanjavur.

4.The Revenue Divisional Officer, Thanjavur District.

...Respondents

(R4 is suo motu impleaded vide this order dated 23.11.2023.) PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to conduct enquiry and the grievance of the petitioner dated 24.02.2021 and recent reminder representation dated on 26.07.2021 and to restore the patta as it was which was cancelled without any notice to the petitioner, within stipulated period fixed by this Court.

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For Petitioner : Mr.S.Jayachandran For Respondents : Ms.S.Jeyapriya Government Advocate

ORDER

This writ petition has been filed for issuance of writ of mandamus, directing the second respondent to conduct enquiry based on the representation made by the petitioner, wherein the petitioner is seeking for restoration of patta in her name with respect to the subject property.

2. The grievance of the petitioner is that a joint patta was granted in favour of the petitioner and her sister in the year 2014 with respect to the subject property. All of a sudden, the names of the petitioner and her sister were removed and the names of some third parties have been incorporated in the patta. Hence, the petitioner made a representation before the first and second respondents for restoration of patta in the name of the petitioner and her sister. Since the same was not acted upon, the present writ petition has been filed.

3. Heard Mr.S.Jayachandran, learned counsel appearing for the petitioner and Ms.S.Jeyapriya, learned Government Advocate appearing for the respondents.

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4. In the considered view of this Court, the second respondent may not have jurisdiction to deal with the representation made by the petitioner, since it was not a mistake during UDR scheme, as a result of which, the names of third parties have been incorporated in the patta. It is a mistake which is said to have taken place during the year 2020. Hence, the competent authority to deal with the grievance of the petitioner will be the Revenue Divisional Officer. Accordingly, the Revenue Divisional Officer, Thanjavur District, is suo motu impleaded as the fourth respondent in this writ petition and Ms.Jeyapriya, learned Government Advocate takes notice for the impleaded fourth respondent also.

5. The petitioner is directed to make a fresh representation to the impleaded fourth respondent and the impleaded fourth respondent shall issue notice to all the interested parties and conduct an enquiry and pass an order within a period of three months from the date of receipt of the fresh representation from the petitioner.

6. This writ petition is disposed with the above directions. No costs. 23.11.2023 NCC : Yes/No 3/5

Internet :Yes/No Index :Yes/No N.ANAND VENKATESH, J.

sm TO:- 1.The District Collector, Thanjavur.

2.The District Revenue Officer, District Revenue Office, Thanjavur.

3.The Thasildar, Taluk Office, Thanjavur.

4.The Revenue Divisional Officer, Thanjavur.

Order made in W.P.(MD)No.23044 of 2021 4/5

Dated:

23.11.2023 5/5