Madras High Court
P.Errammal @ Chellathai vs The District Collector on 8 July, 2021
W.P.(MD)No.11367 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.11367 of 2021
P.Errammal @ Chellathai ...Petitioner
Vs.
1. The District Collector,
Theni District, Theni-625 531.
2. The District Revenue Officer,
Theni District, Theni-625 531.
3. The Revenue Divisional Officer,
Theni District, Theni-625 531.
4. The Tahsildar,
Theni District, Theni-625 531.
5. P.S.Perumalsamy
6. P.S.Rajappan
7. P.S.Amsamani
8. P.Ponuthai
9. D.Chellamani
10. V.Annamayeil
11. P.Chinnaraj ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the first to fourth
respondents to consider and pass appropriate orders on the petitioner's
representations, dated 08.03.2021, within the stipulated time, may be
fixed by this Court.
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1/6
W.P.(MD)No.11367 of 2021
For Petitioner : Mr.A.Jeyaram
For Respondents : Mr.R.Sureshkumar,
Government Advocate
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 08.03.2021, wherein, the petitioner has sought
for the transfer of patta in her name.
2. The case of the petitioner is that the subject properties
originally belonged to her father-in-law and on his demise, the same
devolved upon his three sons. The petitioner had married one of the son,
named, Pommaiyasamy Nayakkar. The further case of the petitioner is
that joint patta was issued by the fourth respondent in favour of the
respondents 5 to 10. The same was challenged and ultimately, a separate
patta was issued in the name of the petitioner for the subdivided property
in Survey No.1493/2 in Patta No.4207.
3. The fifth respondent filed a suit for declaration in
O.S.No.380 of 2006, before the District Munsif Court, Theni and the
same was dismissed by Judgment and Decree, dated 22.03.2007.
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W.P.(MD)No.11367 of 2021
Ultimately, the second appeals filed by both the sides came up before this
Court in S.A.(MD).Nos.130 of 2010 and 391 of 2009. During the
pendency of these appeals, the parties were referred to Mediation and
based on the Mediation Report, the second appeals came to be disposed
of by order dated 20.11.2014.
4. In the meantime, the patta that stood in the name of the
petitioner was transferred to the names of the respondents 5 to 10.
Hence, the petitioner made a representation before the third respondent
seeking for the cancellation of the patta issued in favour of the
respondents 5 to 10 and for restoring the patta in the name of the
petitioner. Since the same was not considered, the present Writ Petition
has been filed before this Court seeking for appropriate directions.
5. Heard Mr.A.Jeyaram, learned counsel appearing for the
petitioner and Mr.R.Sureshkumar, learned Government Advocate
appearing on behalf of the respondents 1 to 4.
6. Taking into consideration the facts and circumstances of
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W.P.(MD)No.11367 of 2021
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 08.03.2021 after affording opportunity to the
petitioner and the respondents 5 to 10 and deal with the same on its own
merits and in accordance with law and pass final orders within a period
of eight (8) weeks from the date of receipt of a copy of this order.
7. 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.
8. The Writ Petition stands disposed of with the above
directions. No costs.
08.07.2021
Internet : Yes/No
Index : Yes/No
tsg
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.11367 of 2021
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.
To
1. The District Collector,
Theni District, Theni-625 531.
2. The District Revenue Officer,
Theni District, Theni-625 531.
3. The Revenue Divisional Officer,
Theni District, Theni-625 531.
4. The Tahsildar,
Theni District, Theni-625 531.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.11367 of 2021
N.ANAND VENKATESH, J.
tsg
Order made in
W.P.(MD)No.11367 of 2021
Dated 08.07.2021
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