Madras High Court
Karuppayee @ Ponnammal vs The District Collector on 20 April, 2021
W.P.(MD).No.8129 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8129 of 2021
Karuppayee @ Ponnammal ...Petitioner
Vs.
1. The District Collector,
Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer,
Sivagangai District, Sivagangai.
3. The Tahsildar,
Kalayarkovil Taluk, Sivagangai District.
4. Shanthi ... Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the third respondent to consider the
petitioner's representation dated 07.10.2020 to change the patta for 1/3rd
portion of the suit properties, namely, lands in Survey Nos.9/8, 164/3,
168/2D1, 215/18, 218/10 and 252/22, situated at Vembani Village,
Marakkathur Village Group, Kalyarkoil Taluk, Sivangangai District and lands
in Survey Nos.204/24, 207/4, 207/8, 212/11 and 234/10, situated at Vembani
Village, Moovarkanmaai Village Group, Kalyarkovil Taluk, Sivagangai
District in the name of the petitioner and issue the same to the petitioner at
the earliest.
1/5
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8129 of 2021
For Petitioner : Mr.V.Kannan
For Respondents : Mr.K.P.Narayana Kumar
Special Government Pleader
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus, directing the third respondent to consider the representation
made by the petitioner on 07.10.2020, wherein, the petitioner is seeking for
patta in her name with respect to the 1/3rd portion that was allotted in her
favour by the civil suit.
2. The case of the petitioner is that the subject properties became
a subject matter before the Civil Court in O.S.No.123 of 2000, which was
instituted by the petitioner seeking for the relief of partition. In the said suit,
the petitioner also challenged the alleged Will executed by her father. The
further case of the petitioner is that the suit was decreed as prayed for by
Judgment and Decree, dated 25.07.2001, by the learned Principal District
Judge, Sivagangai and it was held that the petitioner was entitled for 1/3rd
share in the properties. Thereafter, a final decree was drawn on 14.08.2003
and the portion belonging to the petitioner was also identified. It is stated
that the petitioner filed an Execution Petition in E.P.No.113 of 2004 and the
share belonging to the petitioner was also handed over to the petitioner.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8129 of 2021
3. The petitioner thereafter made representations to the
respondents 1 to 3 seeking for issuance of patta in her name with respect to
the properties allotted to her. Since the same was not considered, the present
Writ Petition has been filed before this Court seeking for appropriate
directions.
4. Heard Mr.V.Kannan, learned Counsel appearing on behalf of
the petitioner and Mr.K.P.Narayana Kumar, learned Special Government
Pleader appearing on behalf of the respondents 1 to 3.
5. Taking into consideration the facts and circumstances of the
case and the limited relief sought for in this Writ Petition, there shall be a
direction to the third respondent to consider the representation made by the
petitioner on 07.10.2020 and deal with the same on its own merits and in
accordance with law and pass appropriate orders within a period of twelve
(12) weeks from the date of receipt of a copy of this order. If there are any
other interested parties claiming right over the subject property, they shall
also be issued with notice and an opportunity shall also be given to them.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8129 of 2021
6. The petitioner is directed to make a fresh representation to the
third respondent along with all the relevant documents and also a copy of this
order.
7. The Writ Petition stands disposed of with the above directions.
No costs.
20.04.2021
Internet : Yes/No
Index : Yes/No
tsg
To
1. The District Collector,
Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer,
Sivagangai District, Sivagangai.
3. The Tahsildar,
Kalayarkovil Taluk, Sivagangai District.
NOTE:
In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8129 of 2021
N.ANAND VENKATESH, J.
tsg
Order made in
W.P.(MD).No.8129 of 2021
Dated:
20.04.2021
https://www.mhc.tn.gov.in/judis/
