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2025 DAILYLAW 123670 (MAD)

Rani.R.B.K.Rajeswari Nachiyar v. The District Collector

WP(MD)/4902/2025 · 2025-02-24

P B Balaji

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.4902 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025 CORAM: THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD)No.4902 of 2025 Rani.R.B.K.Rajeswari Nachiyar ... Petitioner /Vs./ 1. The District Collector, District Collectorate, Ramanathapuram District. 2. The Tahsildar, Rameswaram Taluk, Ramanathapuram District. ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue Patta including the name of the petitioner as guardian of the Nanthagopalan Chattram relating to the property in Ramanathapuram District, Rameswaram Taluk, Rameswaram Village in Survey No.784 to an extent of 0.94.50 Ares and Survey No.661/1A to an extent of 0.12.00 ares in total 1.6.50 Ares (4 Acre 7 cents) by considering the representation of the petitioner dated 05.01.2024. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4902 of 2025 For Petitioner : Mr.V.Alex Benny Hook For Respondents : M/s.K.Malathi Additional Government Pleader ORDER The petitioner has filed the present writ petition seeking direction to the respondent to include the name of the petitoner as the Trustee of the petitioner's trust. 2. The case of the petitioner is that right from the UDR records, the petitioner's Trust name has been incorporated in the records and patta has also been issued. However, the petitioner being inhereditary trustee is entitled to manage the trust. However, the grievance of the petitioner is that when the patta was issued by the second resondent, the patta did not reflect the name of the petitioner as Trustee and mentioned the name of the Trust as Nanthagopalan Chattram without any guardian of trust. Therefore, the petitioner has sent a representation to the second resondent on 05.01.2024, seeking inclusion of petitioner's name as Trustee and guardian of Nanthagopalan Chattram. The said application is pending without any progress before the second respondent. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4902 of 2025 3. The learned Counsel appearing for the petitioner has also taken me through SLR FMB and other records, where the name of the Chattram find place and admittedly the said Chattram having no legal status, has to be necessarily represented by a Trustee/Guardian. In this connection, a representation have been given to the second respondent. 4. The learned Additional Government Pleader would submit that without carrying out the corrections in the UDR records, the Tahsildar will not in position to include the name of the petitioner. I am unable to accept the countenance for the simple reason that the petitioner does not seek for any change or correction of the UDR records. But only wants the name of Trustee/Guardian to be included in the computerized patta No.573 which reflects as if the Nandagopal Chattram is not represented by anyone. The second respondent shall consider the petitioner's representation dated 05.01.2024 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4902 of 2025 5. With the above said observations, this writ petition is disposed of. No costs. Index : Yes / No 24.02.2025 NCC : Yes / No gvn 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4902 of 2025 TO:- 1. The District Collector, District Collectorate, Ramanathapuram District. 2. The Tahsildar, Rameswaram Taluk, Ramanathapuram District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4902 of 2025 P.B. BALAJI , J. gvn Order made in W.P.(MD)No.4902 of 2025 Dated: 24.02.2025 6/6 https://www.mhc.tn.gov.in/judis