Madras High Court
Dhavamani vs The District Collector on 20 September, 2024
W.P.No.27186 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR
W.P No.27186 of 2024
Dhavamani
...Petitioner
Vs.
1. The District Collector,
Ariyalur.
2. The Revenue Divisional Officer,
Ariyalur.
3. The Tahsildar,
Ariyalur.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the third respondent / Tahsildar,
Ariyalur to alter the revenue records in the name of petitioner for Survey
No.326/3 to an extent of 0.35.0 Ares situated at Thelur Village, Ariyalur Taluk
& District, on considering the decree and judgment dated 31.01.2011 passed in
O.S.No.296 of 2007 by the Principal District Munsif Court, Ariyalur and
judgment dated 02.12.2020 passed in O.S.No.12 of 2009, by the Additional
District Munsif Court, Ariyalur and by considering the petitioner's
representation dated 01.07.2024.
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1/7
W.P.No.27186 of 2024
For Petitioner : Mr.R.Venkatesulu
for M/s.Usha Ramman
For R1 to R3 : Mr.P.Sathish
Additional Government Pleader
ORDER
The petitioner herein seeks a direction to the third respondent to alter
the revenue records in the name of the petitioner in respect of the property in
Survey No.326/3 to an extent of 0.35.0 Ares situated at Thelur Village, Ariyalur
Taluk & District, in the light of the Judgment and decree dated 31.01.2011
passed by the Principal District Munsif Court, Ariyalur in O.S.No.296 of 2007,
and the judgment and decree dated 02.12.2020 passed by the Additional
District Munsif Court, Ariyalur, in O.S.No.12 of 2009, by considering her
representation dated 01.07.2024.
2. By consent of both the learned counsel appearing for the petitioner as
well as respondents, this writ petition is disposed of at the admission stage
itself.
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3. According to the petitioner, she filed a suit in O.S.No.296 of 2007
seeking declaration of title and mandatory injunction for issuance of patta in
respect of the property in Survey No. 326/3 and the same was decreed in her
favour as early as on 31.01.2011. Subsequently, the petitioner filed another suit
in O.S.No.12 of 2019 seeking necessary changes in the revenue records in her
name in respect of the subject property and the same was also decreed on
02.12.2020. Inspite of the same, the respondents have not implemented the
said decrees and therefore the petitioner submitted a representation dated
01.07.2024 seeking correction of the revenue records in the name of the
petitioner and the same has not been considered till date. Aggrieved by the
same, the petitioner has come up by way of this writ petition.
4. Mr.P.Sathish, learned Additional Government Pleader, who takes
notice for the respondents, on instructions, submitted that the respondents have
not filed any appeal challenging the civil Court decrees passed in O.S.No.296
of 2007 and O.S.No.12 of 2009.
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5. The above said statement made by the learned Additional Government
Pleader is recorded.
6. This court is of the opinion that in view of the above submission made
by the learned Additional Government Pleader that the civil court decrees have
not been challenged, there is no difficulty for the respondents to consider the
representation of the petitioner dated 01.07.2024 with regard to necessary
changes in the revenue records in respect of the property belonging to the
petitioner, in accordance with law. Therefore, the third respondent is directed to
consider the petitioner's representation dated 01.07.2024 and pass final orders,
after issuing notice to all interested parties, within a period of six weeks from
the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No
costs.
20.09.2024
Index : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis
Speaking Order/Non-Speaking Order
av
To
1. The District Collector,
Ariyalur.
2. The Revenue Divisional Officer,
Ariyalur.
3. The Tahsildar,
Ariyalur.
https://www.mhc.tn.gov.in/judis
S. SOUNTHAR, J.
av
20.09.2024
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
