Madras High Court
Jayalakshmi vs The State Of Tamil Nadu ... on 8 April, 2021
W.P.No.12349 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2021
CORAM
THE HON'BLE MR.JUSTICE R. SURESH KUMAR
Writ Petition No.12349 of 2018
and W.M.P.No. 14491 of 2018
1. Jayalakshmi
2. S.Thara
3. Jeeva
4. Anusuya ... Petitioners
-Vs-
1.The State of Tamil Nadu represented by the
Secretary to Government, Department of Revenue
Fort St.George, Chennai – 600 078.
2.The District Collector,
Tiruvannamalai, Tiruvannamalai District.
3.The Tahsildar,Tiruvannamalai
Thiruvannamalai District.
4.Rajendran ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for a
Writ of Mandamus directing the 2nd respondent herein to correct the revenue
records suitably pertaining to the dry agricultural lands in joint patta No. 521 in the
joint names of late Govindasamy and late Narayanasamy and to issue joint Patta in
the name of the petitioners being 1) Thara W/o. Late.Srinivasan 2) Jayalakshmi
W/o. Late. Govindasamy 3). Jeeva W/o. Ganesan 4) Anusuya W/o.Late
Paramasiyan pertaining to the half portion of land with an extent of 11.70 acres out
of 23.40 acres of land comprised in various survey numbers being 414/2B (4.25
acres) 414/2C (3.87 acres) 415/3A (4.66acres) 414/3B(4.44 acres) 415/3C (3.90
acres), 417/1 (0.36 acres), 417/2 (1.36 acres) and 414/11 (0.56 acres) situated in
Sorakolathur village, Tiruvannamalai Taluk and District by cancelling the
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W.P.No.12349 of 2018
inappropriate patta No.835 issued in the name of Late Narayanaswamy.
For Petitioners : No appearance
For Respondents : Mr.N. Inbanathan,
Additional Government Pleader for R1 to R3
ORDER
The prayer sought for herein is for a Writ of Writ of Mandamus directing the
2nd respondent herein to correct the revenue records suitably pertaining to the dry
agricultural lands in joint patta No. 521 in the joint names of late Govindasamy
and late Narayanasamy and to issue joint Patta in the name of the petitioners being
1) Thara W/o. Late.Srinivasan 2) Jayalakshmi W/o. Late. Govindasamy 3). Jeeva
W/o. Ganesan 4) Anusuya W/o.Late Paramasiyan pertaining to the half portion of
land with an extent of 11.70 acres out of 23.40 acres of land comprised in various
survey numbers being 414/2B (4.25 acres) 414/2C (3.87 acres) 415/3A (4.66acres)
414/3B(4.44 acres) 415/3C (3.90 acres), 417/1 (0.36 acres), 417/2 (1.36 acres) and
414/11 (0.56 acres) situated in Sorakolathur village, Tiruvannamalai Taluk and
District by cancelling the inappropriate patta No.835 issued in the name of Late
Narayanaswamy.
2. The case of the petitioners is that, they have given a request to the
Tahsildar ie., the third respondent to correct the Revenue Records and issue Joint
Patta in the names of the petitioners with respect to the lands in various Survey
Numbers situated at Sorakolathur Village, Tiruvannamalai Taluk and District.
However, according to the petitioners, no action has been taken on the request of
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W.P.No.12349 of 2018
the petitioners. Therefore, they approached this Court with the aforesaid prayer.
3. When the case is taken up for hearing today, none appeared on behalf of
the petitioners. However, Mr.Inbanathan, learned Additional Government Pleader
appearing for the official respondents, relied upon the following averments made in
Para 9 of the counter affidavit.
“ 9. It is submitted that the patta No.835 issued in the year of 1985 after
competition of 32 years the petitioner made representation to change the
name in patta. In the meanwhile, the petitioner filed case before the
District Legal Forum in Case No.296 of 2018 and the same was pending
till date. The 3rd respondent appeared in the hearing of legal 22/01/2018
also. On 09/05/2018, the 3rd respondent/passed an order on the
petitioner's representation stating that the petitioner has not produced any
document to prove that the property owned by her father-in-law. Further
the petitioner allegation that the patta no.835 was issued as illegal in
favour of Narayanasamy, but the said Narayanasamy was also died. At
this stage the 3rd Respondent has not in position to change the patta in
favour of the petitioner. The revenue authorities has no power to confer
the title of the properties and the same was confirmed in many reported
judgments.”
4. By relying upon the aforesaid averments, the learned Additional
Government Pleader would submit that, in fact the request of the petitioners was
considered by the third respondent before whom the petitioners appeared and after
having considered the case of the petitioners, the third respondent has passed an
order on 09.05.2018, rejecting the claim made by the petitioners. Therefore, the
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W.P.No.12349 of 2018
learned Additional Government Pleader would submit that, the question of
considering the present prayer sought for in this writ petition does not arise at this
juncture in view of the order having been passed by the third respondent as early
as on 09.05.2018.
5. I have considered the said submissions made by the learned Additional
Government Pleader and also perused the materials placed on record.
6. With regard to the grievance of the petitioners to issue joint patta in the
names of the petitioners in respect of the land in question, the plea of the
petitioners was rejected by the third respondent by his order dated 09.05.2018.
However, a copy of the order has not been produced before this Court. It is not
known as to whether a copy of the said order has been served on the petitioners or
not.
7. Be that as it may. In view of the said order having been passed, the issue
raised in the writ petition has come to a quietus and if the petitioners still feel
aggrieved, they can challenge the said order dated 09.05.2018 and work out their
remedies in the manner known to law.
8. In that view of the matter, this writ petition is disposed of with the
following order. That the third respondent is hereby directed to communicate the
copy of the order dated 09.05.2018 to the petitioners within a period of two weeks
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W.P.No.12349 of 2018
from the date of receipt of a copy of this order and on receipt of the same, it is
open to the petitioners to challenge the same or work out their remedies in the
manner known to law.
9. With the above directions, the writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
08.04.2021
Index : Yes/No
Internet : Yes/No
KST
To
1.The State of Tamil Nadu represented by the
Secretary to Government, Department of Revenue
Fort St.George, Chennai – 600 078.
2.The District Collector,
Tiruvannamalai, Tiruvannamalai District.
3.The Tahsildar,Tiruvannamalai
Thiruvannamalai District.
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W.P.No.12349 of 2018
R. SURESH KUMAR, J.
kst
W.P.No.12349 of 2018
08.04.2021
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