Lakshmi v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.660 of 2019 and W.M.P.No.715 of 2019 Lakshmi .. Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Virudachalam Taluk Office, Virudachalam, Cuddalore District.

2.The Sub Registrar, Office of the Registrar, District Registration Office, Virudachalam, Cuddalore District.

3.K.Venkatesan 4.K.Ealumalai 5.P.Manjula 6.V.Viruthambal 7.V.Valambal .. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 12.11.2018 to include her name as join patta holder of her deceased parent's estate more particularly land bearing survey No.93/3, house site and building thereon to an extent of 19 cents at Aeyiar Mada Street, Virudachalam Town, SRO, Virudhachalam, Cuddalore District and consequently direct the 2nd respondent herein not to register any document pertain to the said property till the proceeding before the 1st respondent is completed for modification of patta in respect of the said property.

For Petitioner : Mr.P.R.Thiruneelakandan For R1 : Mr.S.Sureshkumar Government Advocate For R2 : Mr.T.M.Pappiah Special Government Pleader

O R D E R

By consent of both parties, this Writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this Writ Petition seeking a direction to the first respondent to consider her representation dated 12.11.2018 to include her name as join patta holder of her deceased parent's estate more particularly land bearing survey No.93/3, house site and building thereon to an extent of 19 cents at Aeyiar Mada Street, Virudachalam Town, SRO, Virudhachalam, Cuddalore District and consequently direct the second respondent herein not to register any documents pertain to the said property till the proceeding before the first respondent is completed for modification of patta in respect of the said property.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 12.11.2018 to the respondents 1 and 2 to include her name as join patta holder along with respondents 3 to 7 for the above said property bearing Survey No.93/3, but, the same is yet to be disposed of by the respondents 1 and 2. Hence, the petitioner is before this Court.

4. Heard, the learned counsels appearing on both sides.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the respondents 1 and 2 to consider the petitioner's representation dated 12.11.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, respondents 3 to 7 herein as well as any of the interested parties and also affording them an opportunity of personal hearing, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar rsi

To 1.The Tahsildar, Office of the Tahsildar, Virudachalam Taluk Office, Virudachalam, Cuddalore District.

2.The Sub Registrar, Office of the Registrar, District Registration Office, Virudachalam, Cuddalore District.

+1cc to the Government Pleader, S.R.No.4547 W.P. No.660 of 2019 and W.M.P.No.715 of 2019 RRS 22/02/2019