Madras High Court
V.Krishnan vs The District Collector on 28 April, 2021
W.P.(MD).No.8684 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8684 of 2021
V.Krishnan ...Petitioner
Vs.
1. The District Collector,
Dindigul District, Dindigul.
2. The District Revenue Officer,
Dindigul District, Dindigul.
3. The Tahsildar,
Vedachandur Taluk Office,
Vedachandur, Dindigul District.
4. Chitra
5. Thanthondi
6. Govindammal
7. Kannan ... Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the third respondent herein to delete the
name of the fourth respondent's husband from the joint patta No.2388 and
further direct the third respondent to include the petitioner's name in the joint
patta No.2388 with regard to property in Survey No.1173, situated at Ayyalur
Village, Vedasandur Taluk, Dindigul District, based on the petitioner's
representation, dated 12.07.2017.
For Petitioner : Mr.G.Gomathi Sankar
For R-1 to R-3 : Mr.P.Mahendran
Additional Government Pleader
1/6
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W.P.(MD).No.8684 of 2021
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 12.07.2017, wherein, the
petitioner has sought for the deletion of the name of the fourth
respondent's husband from the joint patta No.2388 and for the
inclusion of the name of the petitioner in the joint patta.
2. The case of the petitioner is that three acres of land in
Survey No.1173 was allotted in favour of the grandfather of the
petitioner by virtue of an oral partition. Thereafter, the patta and other
revenue records were changed in the name of the grandfather of the
petitioner and he was in possession and enjoyment of the same. On the
demise of the grandfather, the father of the petitioner was enjoying the
property till his life time and after his demise, the petitioner claims to
be in possession and enjoyment of the property.
3. The grievance of the petitioner is that the name of the
husband of the fourth respondent was included in the patta during the
UDR Scheme and according to the petitioner, neither the fourth
respondent nor her husband have anything to do with the subject
property.
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W.P.(MD).No.8684 of 2021
4. It is also seen from records that the petitioner and the
other legal heirs also filed a suit before the District Munsif cum
Magistrate Court, Vedasndur in O.S.No.205 of 2015, seeking for the
relief of declaration, permanent injunction and other consequential
reliefs against the private respondents and others and the said suit was
decreed by Judgment and Decree dated 18.04.2017. It is claimed that
this decree has become final.
5. The petitioner, thereafter, made a representation to the
third respondent on 12.07.2017 seeking for the removal of the name of
the husband of the fourth respondent from the joint patta and to
include the name of the petitioner. Since the same was not acted upon,
the present Writ Petition has been filed before this Court seeking for
appropriate directions.
6. Heard Mr.G.Gomathi Sankar, learned counsel appearing
on behalf of the petitioner and Mr.P.Mahendran, learned Additional
Government Pleader, appearing on behalf of the respondents 1 to 3.
7. Taking into consideration the facts and circumstances of
the case and also of the fact that a suit filed by the petitioner and other
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W.P.(MD).No.8684 of 2021
legal heirs was decreed in their favour, the third respondent is directed
to consider the representation made by the petitioner on 12.07.2017
and pass appropriate orders strictly in accordance with law, within a
period of six (06) weeks from the date of receipt of a copy of this order.
If there are any interested parties claiming right over the subject
property, they shall also be issued with notice and an opportunity shall
also be given to them.
8. 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.
9. The Writ Petition stands disposed of with the above
directions. No costs.
28.04.2021
Internet : Yes/No
Index : Yes/No
tsg
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8684 of 2021
To
1. The District Collector, Dindigul District, Dindigul.
2. The District Revenue Officer, Dindigul District, Dindigul.
3. The Tahsildar,
Vedachandur Taluk Office,
Vedachandur, Dindigul 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.8684 of 2021
N.ANAND VENKATESH, J.
tsg
Order made in
W.P.(MD).No.8684 of 2021
Dated:
28.04.2021
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