Mahalakshmi v. State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Mahalakshmi ...

Petitioner -vs1 State Rep. by The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pattukottai Taluk, Thanjavur District.

2 State Rep. by The Tahsildar, Office of Tahsildar, Pattukottai Taluk, Thanjavur District.

3 State Rep. by The Village Administrative Officer, Enathi Village, Pattukottai Taluk, Thanjavur District.

4 R.Selambarasan 5 R.Chellammal 6 R.Selvamani ...

Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent to consider the petitioner's representation, dated 26.11.2024, and cancel the Patta No.2114 and 2115, issued in favour of the 5th respondent and restore joint patta no.1325 for the properties in S.No.148/10 to an extent of 0.18.00 Hectares (i.e. 45 cents) and S.No.148/11B to an extent of 0.3.50 Hec. (i.e. 9 cents), totally measuring to an extent of 54 cents, situated at Enathi Village, Pattukottai Taluk, Thanjavur District.

For Petitioner :

Mrs.N.Vijayalakshmi For Respondents 1 to 3 : Mr.A.Kannan, Addl. Govt. Pleader.

ORDER

This Writ Petition is filed for a mandamus, directing the 1st respondent to consider the petitioner's representation, dated 26.11.2024, and cancel the Patta No.2114 and 2115, issued in favour of the 5th respondent and restore joint patta no.1325 for the properties in S.No.148/10 to an extent of 0.18.00 Hectares (i.e. 45 cents) and S.No.148/11B to an extent of 0.3.50 Hec. (i.e. 9 cents), totally measuring to an extent of 54 cents, situated at Enathi Village, Pattukottai Taluk, Thanjavur District.

2. The subject property is the ancestral property of the petitioner. The petitioner and his brother were issued joint patta in Patta No.1325 for the same. While so, the second respondent, without any notice to the petitioner, cancelled the joint patta and issued separate pattas in favour of the fifth respondent vide patta No.2114, for the property in S.No.148/10, and patta No.2115, for the property in S.No.148/11B. Aggrieved by the cancellation of the joint patta standing in the name of the petitioner and his brother and grant of separate pattas in favour of the fifth respondent, the petitioner sent a representation to respondents 1 to 3 on 26.11.2024. As the respondents did not consider the said representation, the petitioner filed the above writ petition for the aforesaid relief.

3. Learned Additional Government Pleader, appearing for respondents 1 to 3, on instructions, submits that based on the petitioner's representation, dated 26.11.2024, the second respondent issued summons to the parties, fixing the date of hearing as 24.01.2025. He further submits that proceedings have already been initiated by the second respondent and that reasonable time be granted for concluding the same.

4. In view of the submission made by the learned Additional Government Pleader, the first respondent is directed to conclude the proceedings and pass final orders on merits and in accordance with law, as

expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of this order.

5. Writ Petition is disposed of accordingly. No costs. 21.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 State Rep. by The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pattukottai Taluk, Thanjavur District.

2 State Rep. by The Tahsildar, Office of Tahsildar, Pattukottai Taluk, Thanjavur District.

3 State Rep. by The Village Administrative Officer, Enathi Village, Pattukottai Taluk, Thanjavur District.

N.MALA, J.

dixit 21.01.2025