Madras High Court
Sasikala vs The Revenue Divisional Officer on 12 December, 2024
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA
W.P(MD)NO.29945 OF 2024
Sasikala : Petitioner
.vs.
1.The Revenue Divisional Officer,
Lalgudi Taluk,
Trichy District.
2.The Tahsildar,
Lalgudi Taluk,
Trichy District.
3.The Deputy Tahsildar,
Lalgudi Taluk,
Trichy.
4.Alphonse :Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India praying for issuance of a Writ of Mandamus directing the
first respondent to include the Petitioner’s name, the name of the
Petitioner’s mother Stephen Mary and her elder sister Jenifer in
the patta bearing Patta No.859 in respect of the property
measuring an extent of 350 sq.mts comprised in S.No.65/2H,
situated at Thirumangalam Village, Lalgudi Taluk, Trichy District
and issue a joint patta by considering the Petitioner’s
representation dated 7.11.2024.
For Petitioner :Mr.T.Leninkumar
https://www.mhc.tn.gov.in/judis
2
For Respondents :Mr.R.Raghavendran
1 to 3 .Govt.Advocate
ORDER
********** The Petitioner has filed the above Writ Petition for a Mandamus directing the first respondent to issue a joint patta by considering the Petitioner’s representation dated 07.11.2024 in respect of the property measuring an extent of 350 sq.mts comprised in S.No.65/2H, situated at Thirumangalam Village, Lalgudi Taluk, Trichy District.
2.The Natham housing land measuring an extent of 350 sq.mts in S.No.65/2H in Thirumangalam Village, Lalgudi Taluk, Trichy District originally belonged to the Petitioner’s great grand- father. After the death of her great grand-father, the said property devolved upon his two sons namely, Mathalaimuthu and Alphonse. After the demise of Mathalaimuthu, his son Charles @ John Charles inheriterd half share of the undivided property. Therefore, joint patta in patta No.849, was issued in the name of Charles @ John Charles and Alphonse. The Petitioner’s father Charles died and after his demise, the property devolved upon her mother and her sister. While so, the fourth respondent, brother of the Petitioner’s grand-father managed to remove the name of the Petitioner’s father from the joint patta in Patta No.849, and obtained individual https://www.mhc.tn.gov.in/judis 3 patta in his name.Thereafter, the fourth respondent executed a settlement deed in favour of his sons conveying 175 sq.mts each. When the Petitioner came to know the said facts, he sent a representation to the first respondent on 07.11.2024 requesting him to cancel the individual patta issued to the fourth respondent and restore the joint patta issued in patta No.849.The first respondent did not take any actin on the representation of the Petitioner. Therefore, the Petitioner filed the above Writ Petition for the aforesaid relief.
3.Heard both counsels. With the consent of both counsels, the Writ Petition is disposed of at the admission stage itself.
4.Indisputably, the subject property belonged to the Petitioner’s great grand-fther and on his demise, it devolved on his sons Mathalaimuthu and Alphonse. The Petitioner traces title through Mathalaimuthu(grand-father).After the demise of Mathalaimuthu, the property devolved on the Petitioner’s father Charles @ John Charles and Alphonse, the fourth respondent herein. As the property devolved equally on the Petitioner’s father and fourth respondent, joint patta was issued in Patta No.849.It appears that the fourth respondent approached the second respondent and received individual patta cancelling the joint patta https://www.mhc.tn.gov.in/judis 4 in Patta No.849. Therefore the Petitioner sent representation to the first respondent to cancel the individual patta issued to the fourth respondent.
5.The Petitioner sent his representation to the first respondent only on 07.11.2024, which in fact is only an appeal. The Petitioner even without submitting a representation to the first respondent to consider his appeal has rushed to this Court, that too, within a short time. Therefore I am not inclined to issue the mandamus prayed for.
6.In any event, the first respondent is at liberty to consider the Petitioner’s appeal, dated 7.11.2024, as per seniority and pass orders on merits and in accordance with law, as per the time line provided in the Circular of the Commissioner of Land Administration, Chennai, dated 17.07.2023.
7.The Writ Petition is disposed of accordingly. No costs.
12.12.2024 https://www.mhc.tn.gov.in/judis 5 NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To
1.The Revenue Divisional Officer, Lalgudi Taluk, Trichy District.
2.The Tahsildar, Lalgudi Taluk, Trichy District.
3.The Deputy Tahsildar, Lalgudi Taluk, Trichy.
https://www.mhc.tn.gov.in/judis 6 N.MALA, J.
vsn ORDER MADE IN W.P(MD)NO.29945 of 2024 12.12.2024 https://www.mhc.tn.gov.in/judis