Hameeda Bivi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Hameeda Bivi .. Petitioner Vs.

1.The District Collector, Office of the District Collector, Pudukkottai.

2.The Special Tahsildar, Adi Dravidar Welfare Department, District Collectorate Campus, Pudukkottai.

3.The Revenue Divisional Officer, Iluppur Division, Pudukkottai District.

4.The Tahsildar, Iluppur Taluk, Pudukkottai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct respondents 1 to 4 to

issue joint patta in respect of the property comprised in S.Nos.106/7 and 106/9 situated at Thirunallur Village, Illuppur Taluk, Pudukkottai District by considering the petitioner's representation dated 26.08.2024 within the time to be stipulated by this Court.

For Petitioner :

Mr.S.Paul Murugesh For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner seeks the issue of a joint patta on the basis of the judgment and decree in A.S.No.13 of 2012 on the file of the Sub Court, Pudukkottai in and by which the judgment and decree passed by the District Munsif Court, Keeranoor in O.S.No.20 of 2008 was set aside and the appeal was allowed holding that the petitioner and her sisters were equally entitled to the compensation amount payable by the second respondent, who had acquired the lands.

2. The second respondent had acquired the said lands and had obtained only the consent of the male legal heirs of late Sulaiman

Ravuthar, the father of the petitioner. Thereafter, the second respondent declared the acquisition proceedings to have been cancelled and stopped. The second respondent had in fact deposited certain amounts for disbursement of compensation and the same has not been disbursed. The Revenue Authorities have issued joint patta only in the name of the male heirs of Sulaiman Ravuthar and therefore, the petitioner had made a representation to the respondents to issue a joint patta in respect of the property comprised in S.Nos.106/7 and 106/9 situate at Thirunallur Village, Illuppur Taluk, Pudukkottai District vide representation dated 26.08.2024. This representation has not been considered. Therefore, the petitioner is before this Court.

3. Taking into account the judgment and decree of the civil Court and the fact that the petitioner's father had died leaving behind him his son and daughters, as they are all entitled to equal share in the property, a mandamus is issued to the respondents to issue joint patta within a period of eight weeks from the date of receipt of a copy of this order.

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

28.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Office of the District Collector, Pudukkottai.

2.The Special Tahsildar, Adi Dravidar Welfare Department, District Collectorate Campus, Pudukkottai.

3.The Revenue Divisional Officer, Iluppur Division, Pudukkottai District.

4.The Tahsildar, Iluppur Taluk, Pudukkottai District.

P.T.ASHA, J.

abr Dated: 28.10.2024