K KARUPPAYEE Vs. COMMISSIONER; EXECUTIVE ENGINEER, TAMILNADU SLUM CLEARANCE BOARD; ASSISTANT DIRECTOR, DISTRICT LAND RECORD AND SURVEY DEPARTMENT

JUDGEMENT

(1.) The Petitioner would contend that the Petitioner was living in the house up to 2001 and after the death of her husband, she went along with her sons and at that point of time, her house was completely demolished and they were prepared to sell the property. Since it was occupied by the local people in the form of small hut, she requested the third Respondent to survey her land. But the third Respondent refused to survey the land as in the survey register her name does not find place and only it is found place in the name of Tamil Nadu Slum Clearance Board. Now, she would contend that the second Respondent in a reply to her representation stated that the land does not actually belong to the Housing Board. Therefore, the entry made in the town survey register is wrong. Hence, she filed a suit in O.S. No. 703 of 2008 before the District Munsif Court, Madurai against one Marimuthu, a third party for injunction and she did not obtain injunction. Thereafter, she filed an application before the Tahsildar to grant patta in her name that was also refused by order dated24.01.2009. She would also contend that the people occupied her land and constructed buildings as the Town survey register stands in the name of the second Respondent. Subsequently, she filed a petition before the Revenue Divisional Officer who in turn has also closed the petition not to grant patta in her name and the first Respondent has no authority to issue work order. Aggrieved over the same, earlier, the Petitioner filed a writ petition in W.P.(MD) No. 14697 of 2010 and the same was dismissed with liberty to file an appeal, if she is so advised. The prayer in the above writ petition is as follows:

(2.) Now, she would contend that she is in need of pattabecause it is house plot, the town survey register to be changed in her name and therefore, she made a representation to the Respondent and she wants mandamus as stated supra.

(3.) The prayer in the above said writ petition is also inclusive for a direction to enter the Petitioner's name in the town survey register and this Court by order dated22.12.2010 has observed as follows: