IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J
POORNIMA W/o.Late Manoharan – Appellant
Versus
The District Collector, District Collector Office, Salem District – Respondent
ORDER
This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to consider the representation made by the petitioner and his brother wherein they are seeking for the sub-division of the subject property and for issuance of separate patta in the name of the petitioner and other legal heirs with respect to the subject property.
2. Heard Mr.A.M.Packianathan, learned counsel for the petitioner and Mr.N.Naveen Kumar , learned Government Advocate for respondents 1 and 2.
3. It is an admitted case of the petitioner that the 4th respondent has added the names of respondents 3, 5 to 7 in the patta and that they are trying to get separate patta in their name. In such a scenario, the petitioner and other legal heirs must file an appeal before the RDO under the Patta Passbook Act and instead, a revision petition has been filed before the 1st respondent and the 1st respondent is not vested with any such jurisdiction.
4. In view of the above, liberty is granted to the petitioner and other legal heirs to file an appeal before the concerned RDO and seek for the appropriate relief.
5. This writ petition is disposed of with the above directions.
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