Madras High Court
N.Vijayalakshmi vs The District Collector on 8 February, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
Writ Petition No.4658 of 2016
N.Vijayalakshmi ... Petitioner
vs.
1 The District Collector
Cuddalore District
Cuddalore.
2 The Revenue Divisional Officer
Virudhachalam
Cuddalore District
3 The Thasildar
Thittagudi Taluk
Cuddalore District ... Respondents
Writ petition has been filed under Article 226 of the Constitution of India praying for a Writ of mandamus directing the 3rd respondent to change the petitioner name in Survey No. 52/7B Aers 0.40.0 and Survey No. 39/5B1 Aers 0.45.0, the property lying in Mel Iyyavanur Village, Tittagudi Taluk, Thozhudur Sub Division, Cuddalore District in the Patta Pass Book and other Revenue Records in petitioner's favour.
For Petitioner : Mr.K.Anbuselvan
For Respondents : Mr.M.Dig Vijaya Pandian
Additional Government Pleader
ORDER
The petitioner has come up with the present writ petition for a mandamus directing the 3rd respondent to change the petitioner's name in Survey No. 52/7B Aers 0.40.0 and Survey No. 39/5B1 Aers 0.45.0, the property lying in Mel Iyyavanur Village, Tittagudi Taluk, Thozhudur Sub Division, Cuddalore District in the Patta Pass Book and other Revenue Records in petitioner's favour.
2. The petitioner has purchased some property in Mel Iyyavanur Village, Tittagudi Taluk, Thozhudur Sub Division, Cuddalore District, in Survey No. 52/7B Aers 0.40.0 and Survey No. 39/5B1 Aers 0.45.0, in a public auction held by the District Munsif-cum-Judicial Magistrate, Tittagudi, on 02.11.2009 in E.P.No.21 of 2009 in O.S.No.245 of 2004. The petitioner has also been declared as an auction purchaser and the sale deed was executed in favour of the petitioner in respect of the above said property. Thereafter the petitioner made representation to the respondents to change the name in patta and other revenue records. The said representation was not considered. Hence, the petition.
3. I have heard the learned Additional Government Pleader, who has taken notice on behalf of the respondents.
4. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court, without going into the merits of the case, directs the petitioner to give fresh representation along with the copy of the order within a period of two weeks from the date of receipt of a copy of this order to the third respondent and on receipt of the same, the third respondent to consider and pass appropriate orders with regard to change of name of the petitioner in patta with respect to the property lying in Mel Iyyavanur Village, Tittagudi Taluk, Thozhudur Sub Division, Cuddalore District, in Survey No. 52/7B Aers 0.40.0 and Survey No. 39/5B1 Aers 0.45.0, on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioner as well as to the necessary parties, if any, within a period of six weeks from the date of receipt of a copy of this order.
5. The writ petition is disposed of accordingly. No costs.
08.02.2016 Index:Yes/No mra To 1 The District Collector Cuddalore District Cuddalore.
2 The Revenue Divisional Officer Virudhachalam Cuddalore District 3 The Thasildar Thittagudi Taluk Cuddalore District R.SUBBIAH, J mra Writ Petition No.4658 of 2016 08.02.2016