Madras High Court
Mrs.J.Jothi Rep.Through Her vs The District Collector on 18 December, 2024
Author: P.T.Asha
Bench: P.T.Asha
WP.No.37704 of 2024
In the High Court of Judicature at Madras
Dated : 18.12.2024
Coram :
The Honourable Ms.Justice P.T.ASHA
Writ Petition No.37704 of 2024
Mrs.J.Jothi rep.through her
power agent S.Jayakumar ...Petitioner
Vs
1.The District Collector,
District Collector Office,
Tiruvarur District.
2.The District Revenue Officer,
Thiruvarur Collector Office,
Tiruvarur District.
3.The Revenue Divisional Officer,
Mannargudi Revenue Divisional
Office, Mannargudi,
Tiruvarur District.
4.The Tahsildar, Tahsildar Office,
Muthupettai, Tiruvarur District.
5.The Village Administrative Officer,
Village Administrative Office,
Thillai Vilagam, Muthupettai,
Tiruvarur District.
6.S.Natarajan
7.Thilagavathi ...Respondents
PETITION under Article 226 of The Constitution of India praying
for the issuance of a Writ of Mandamus directing the third respondent
https://www.mhc.tn.gov.in/judis
1/5
WP.No.37704 of 2024
to conduct the inquiry in Na.Ka.No.5191/2023/A1 dated 09.1.2024
within stipulated time based on the petitioner's representation dated
07.9.2023.
For Petitioner : Mr.D.Padmanabhan
For R1 to R5 : Mr.A.Selvendran, SGP
ORDER
Seeking a Mandamus to the third respondent to consider her representation dated 07.9.2023 for conducting an inquiry into the grant of joint patta in respect of the properties in S.Nos.268/2A and 269/1A, Thillaivalagam Revenue Village, Muthupettai Taluk, Tiruvarur District in favour of respondents 6 and 7 and others, cancel the same and grant a subdivision patta in her favour to the extent owned by her in S.Nos.268/2A and 269/A, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 to 5.
3. The affidavit is sworn to by the power agent, who is none other than the husband of the petitioner. The case of the petitioner is that she is the absolute owner of the properties in S.No.268/2A measuring 0.16.00 Ares and S.No.269/1A measuring 0.6.00 Ares, https://www.mhc.tn.gov.in/judis 2/5 WP.No.37704 of 2024 Thillaivalagam Revenue Village, Muthupettai Taluk, Tiruvarur District However, the petitioner came to know that vide proceedings dated 26.10.2022 issued by the fourth respondent, joint pattas were granted to various persons including respondents 6 and 7 in respect of S.No.268/2A measuring 34 Ares and S.No.269/1A measuring 7.42 Ares. Hence, the petitioner made a representation dated 07.9.2023 to the official respondents seeking to conduct an inquiry into the grant of joint patta in the names of respondents 6 and 7 and others in respect of the said properties and to grant a subdivision patta in respect of S.No.268/2A measuring 0.16.00 Ares and S.No.269/1A measuring 0.6.00 Ares ie. to the extent owned by her. To the said representation, vide proceedings dated 09.1.2024, the third respondent directed the petitioner and respondents 6 and 7 to appear for an inquiry on 24.1.2024. Thereafter, no action was taken on that.
4. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the said representation of the petitioner dated 07.9.2023 to conduct an inquiry into the grant of joint patta in respect of the properties in S.Nos.268/2A measuring 34 Ares and 269/1A measuring 7.42 Ares Thillaivalagam Revenue Village, Muthupettai Taluk, Tiruvarur District in favour of respondents 6 and 7 and others, to cancel the https://www.mhc.tn.gov.in/judis 3/5 WP.No.37704 of 2024 same and to grant a subdivision patta in favour of the petitioner to the extent owned by her and pass orders within a period of 6 weeks from the date of receipt of a copy of this order. No costs.
18.12.2024 To
1.The District Collector, District Collector Office, Tiruvarur District.
2.The District Revenue Officer, Thiruvarur Collector Office, Tiruvarur District.
3.The Revenue Divisional Officer, Mannargudi Revenue Divisional Office, Mannargudi, Tiruvarur District.
4.The Tahsildar, Tahsildar Office, Muthupettai, Tiruvarur District.
5.The Village Administrative Officer, Village Administrative Office, Thillai Vilagam, Muthupettai, Tiruvarur District.
RS https://www.mhc.tn.gov.in/judis 4/5 WP.No.37704 of 2024 P.T.ASHA,J RS WP.No.37704 of 2024 18.12.2024 https://www.mhc.tn.gov.in/judis 5/5