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M.Alamelumangamma v. the District Collector

Madras HC12 Feb 2025WP/4054/2025

Case brief

AI extract

What is this about?

Keywords: patta issuance; writ of Mandamus; Article 226; consideration of representation dated 04.11.2024; direction to Tahsildar, Hosur Taluk; final orders within six weeks; notice to interested parties; Survey No.127/38; Zuzuvadi Village; Hosur Taluk; Krishnagiri District; Patta No.355; partition deed dated 30.05.2024; remaining extent 0.02 cents; disposed of, no costs. Bench: N. Anand Venkatesh, J. Counsel: R.Jayaprakash (petitioner); A.Selvendran, Special Government Pleader (Respondents 1 to 4).

What did the court decide?

Writ petition disposed of with directions to the 4th respondent (Tahsildar, Hosur Taluk) to consider the petitioner's representation dated 04.11.2024 on its own merits and in accordance with law and pass final orders within six weeks, giving notice to any other interested party before final orders; no costs.

M.Alamelumangamma Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed, by writ of Mandamus, to issue patta to the petitioner for the remaining extent of 0.02 cents comprised in Survey No.127/38 out of a total extent of 0.05 cents by considering her representation dated 04.11.2024.

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Court's answer

Taking into consideration the facts and circumstances and the limited relief sought, the Court directed the 4th respondent (Tahsildar, Hosur Taluk) to deal with the petitioner's representation dated 04.11.2024, consider it on its own merits and in accordance with law, and pass final orders within six weeks from the date of receipt of a copy of the order.

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Ratio / Principle

If notice has to be given to any other interested party, notice shall be given before passing final orders.

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Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh, J.), W.P.No.4054 of 2025, disposed of on 12.02.2025. Writ petition under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to issue patta for the remaining extent of 0.02 cents comprised in S.No.127/38 out of a total extent of 0.05 cents at Zuzuvadi Village, Hosur Taluk, Krishnagiri District, by considering the petitioner's representation dated 04.11.2024. Petitioner's case: patta No.355 issued in 1994 covered only 0.03 cents instead of 0.05 cents; after a partition deed dated 30.05.2024 allotting her half share (2.5 cents) in new Survey No.127/38 A, patta was issued only for 1.05 cents. The Court directed the 4th respondent (Tahsildar, Hosur Taluk) to deal with the representation dated 04.11.2024, consider it on its own merits and in accordance with law, and pass final orders within six weeks from receipt of a copy of the order, giving notice to any other interested party before passing final orders. No costs.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 12.02.2025

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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W.P.No.4054 of 2025

M.Alamelumangamma

..Petitioner

Vs.

The District Collector, Krishnagiri District, Krishnagiri

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The District Revenue Officer, Krishnagiri District, Krishnagiri

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The Revenue Divisional Officer, Hosur, Krishnagiri District.

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The Tahsildar, Hosur Taluk, Krishnagiri District ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to issue patta for the remaining property of 0.02 cents comprised in S.No.127/38 out of total extent of 0.05 cents situated at Zuzuvadi Village, Hosur Taluk, Krishnagir District in

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

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the name of Muniyamma, Venkatesh @ Venkateshappa and the petitioner name by considering the petitioner's representation dated 04.11.2024.

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For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R4

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O R D E R

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This writ petition has been filed for the issue of writ of Mandamus directing the respondents to issue patta to the petitioner with respect to an extent of 0.02 cents comprised in Survey No.127/38 out of total extent of 0.05 cents by considering the representation made by the petitioner on 04.11.2024.

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Heard Mr.R.Jayaprakash, learned counsel for the petitioner

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and Mr.A.Selvendran, learned Special Government Pleader for Respondents 1

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to 4.

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The case of the petitioner is that the property in Survey

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No.127/38 measures a total extent of 0.05 cents. It was owned by the father-in-

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

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law of the petitioner. In the year 1994, while issuing the patta in patta No.355, it was issued in the name of the legal heirs only for an extent of 0.03 cents instead of 0.05 cents. Thereafter, a partition was effected through a partition deed dated 30.05.2024 for the entire extent of 0.05 cents. The petitioner was alloted half share to an extent of 2.5 cents in new Survey No.127/38 A. The other half share was alloted in favour of the petitioners brother in law. The petitioner applied for patta and the patta was issued only for an extent of 1.05 cents in Patta No.355. In view of the same, the petitioner made a representation to the respondents on 04.11.2024 requesting for issuance of patta for the entire 0.05 cents so that the petitioner will be able to get the patta for the remaining extent of 0.02 cents. Since the same was not considered, the present writ petition has been filed before this Court.

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Taking into consideration the facts and circumstances of the

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case and the limited relief sought for in this writ petition, there shall be a direction to the 4^th respondent to deal with the representation made by the petitioner on 04.11.2024 and consider the same, on its own merits and in accordance with law and final orders shall be passed within a period of six

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

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weeks from the date of receipt of a copy of this order. If notice has to be given

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to any other interested party, notice shall be given before passing final orders.

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