Disposed

Savithri v. The Revenue Tahsildar

Madras HC12 Dec 2023WP/20417/2019

Case brief

AI extract

What is this about?

In this writ petition, the Madras High Court directed the Revenue Tahsildar to conduct a legal enquiry into the petitioner's representation seeking alteration of patta pass book entries and pass appropriate orders within two months.

What did the court decide?

Writ of Mandamus directing the Revenue Tahsildar to give notice to parties, conduct an enquiry, and pass appropriate orders within two months.

Savithri Vs The Revenue Tahsildar — Land Acquisition | Madras HC (2023)

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W.P.No.20417 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.12.2023

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CORAM

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THE HONOURABLE MR. JUSTICE P.VELMURUGAN

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W.P.No.20417 of 2019

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Savithri

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W/o.Anbalagan ... Petitioner

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Vs.

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1.The Revenue Tahsildar Taluk Office, Kattumannarkoil, Cuddalore District.

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2.Ramachandran S/o.Ganapathy Thothariyar

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3.Elango S/o.Chidambaram ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to conduct enquiry on the representation of the petitioner dated 25.03.2019 and make alteration in the patta pass book entry for the lands comprised in S.F.No.148/8C, S.F.No.146/6A1, S.F.No.146/3 and 146/4 situated at Pazhanjanallur Village, Kattumannarkoil Taluk, Cuddalore District as required under Section 10 of the Patta Pass Book Act.

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Page No.1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.20417 of 2019

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For Petitioner : Mr.G.Pugazhenthi For Respondents : Mrs.Senthil Selvi Government Advocate [R1] Notice Refused [R2] No appearance [R3]

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ORDER

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This Writ petition has been filed for a direction to the first

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respondent to conduct enquiry on the representation of the petitioner dated 25.03.2019 and make alteration in the Patta pass book entry for the lands comprised in S.F.No.148/8C, S.F.No.146/6A1, S.F.Nos.146/3 and 146/4 situated at Pazhanjanallur Village, Kattumannarkoil Taluk, Cuddalore District, as required under Section 10 of the Tamil Nadu Patta Pass Book Act.

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The case of the petitioner is that the 2^nd respondent is the elder brother of her husband viz., Anbalagan. When her husband and his brother were living in a joint family, they purchased the property comprised in SF No.148/8, ad-measuring 0.45 cents and S.R.No.38/8A ad measuring 0.10.0 Ares and the sale deed was executed in favour of 2^nd respondent alone. The 2^nd respondent had sold the entire property in

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Page No.2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.20417 of 2019

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favour of the 3^rd respondent. The petitioner's husband died in the year 2003 and her son died in the year 2007.Till his death, the petitioner's husband was in possession and enjoyment of the property and thereafter, she is in possession and enjoyment of the said lands. The Patta of some of the lands, still stands in the name of her husband and the 2^nd respondent jointly. The petitioner in this regard had submitted a representation to the 1^st respondent on 25.03.2019, requesting him to make alteration in the Patta pass book entry. Since the 1^st respondent did not act upon the same, the present writ petition has been filed before this Court.

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It is seen from records that notice were sent to respondents 2 and 3 and the 2^nd respondent refused to receive the same and therefore, it is deemed to be service of notice. Though the 3^rd respondent name is printed in the cause-list, there is no appearance on behalf of 3^rd respondent. The relief sought for in this writ petition is a simple writ of Mandamus to consider the petitioner's representation dated 25.03.2019 and hence, the 1^st respondent is directed to give notice to the petitioner

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Page No.3 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.20417 of 2019

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and also to respondents 2 and 3 and rival claimants/interested parties, if any and after giving notice to all the parties, conduct an enquiry in the manner known to law and consider the representation and pass appropriate orders, on its own merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

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This writ petition is disposed of with the above directions.

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No costs.

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12.12.2023

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Index : Yes Speaking order : Yes /No Neutral Citation : Yes/No rka

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Page No.4 of 5

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https://www.mhc.tn.gov.in/judis

W.P.No.20417 of 2019

P.VELMURUGAN, J.

rka

To The Revenue Tahsildar Taluk Office, Kattumannarkoil, Cuddalore District.

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W.P.No.20417 of 2019

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12.12.2023

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Page No.5 of 5

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https://www.mhc.tn.gov.in/judis

Savithri v. The Revenue Tahsildar

Case brief

What is this about?

What did the court decide?

Savithri v. The Revenue Tahsildar

Case brief

What is this about?

What did the court decide?

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