P.V.A.Nachiar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.1216 of 2023 P.V.A.Nachiar ....
Petitioner -Vs1.The District Collector Tiruppur District.
2.The Zonal Deputy Tahsildar Kangayam (05) Taluk Tiruppur District.
3.The Village Administrative Officer Kangeyam Taluk Tiruppur District Pin - 638 701.
4. Mr.K.V.K.Muralikrishna ....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd Respondent- Zonal Deputy Tahsildhar to pass orders on petitioners application dated 27.10.2021 by issuing Joint Patta including the petitioners name along with the 4th respondent in respect of the immovable property comprised in S.No.1473 1474 and 1469 measuring an extent of 2 acres and 58 cents situate at Bharathiyar Road kangayam- 638 701 Tirupur District.
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For Petitioner : Mr.S.Giridharan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader - for RR 1 & 2 Notice dispensed with - for R3
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the 2nd Respondent- Zonal Deputy Tahsildhar to pass orders on petitioners application dated 27.10.2021 by issuing Joint Patta including the petitioners name along with the 4th respondent in respect of the immovable property comprised in S.No.1473 1474 and 1469 measuring an extent of 2 acres and 58 cents situate at Bharathiyar Road kangayam- 638 701 Tirupur District.
2. In respect of the property in S.No.1473 1474 and 1469 measuring an extent of 2 acres and 58 cents situated at Bharathiyar Road kangayam- 638 701 Tirupur District, it is the claim of the petitioner that the property belongs to the petitioner, the 4th respondent/his brother and their mother. Their mother died intestate and the 1/3rd share of the mother also has come to the petitioner and the 4th respondent/his brother.
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3. When that being the position, the petitioner came to know recently that patta has been issued recently in respect of the entire property in favour of the 4th respondent without giving any notice to the petitioner. Therefore, he has given a representation dated 27.10.2021 and since the same has not been considered, the petitioner has come before this Court seeking for a writ of mandamus.
4. Heard Mr.S.Giridharan learned counsel for the petitioner and Mr.Yogesh Kannadasan learned Special Government Pleader for the respondents 1 to 3. In view of the order going to be passed in this writ petition, notice to the 4th respondent is dispensed with,.
5. Learned Special Government Pleader would submit that, if at all any patta has been issued in the name of the 4th respondent exclusively without hearing the petitioner, with regard to the claim that he is entitled to have 1/2 share of the property and therefore joint patta has to be issued, notice would be given to the petitioner as well as the 4th respondent and after enquiry if rectification is required, necessary orders to that effect would be passed by the 2nd respondent Tahsildar.
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6. Considering the said submission made by the learned Government Pleader for the official respondents and having regard to the factual matrix of the case as projected by the learned counsel for the petitioner, this Court is inclined to dispose of this writ petition with the following order. "That there shall be a direction to the 2nd respondent to issue notice to the petitioner as well as the 4th respondent before consideration of the application or representation submitted by the petitioner dated 27.10.2023 and accordingly after hearing them take a decision and pass orders thereon on merits and in accordance with law within a period of eight weeks."
7. With the above directions, this writ petition is disposed of. No costs. 20.01.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 4 / 6
1.The District Collector Tiruppur District.
2.The Zonal Deputy Tahsildar Kangayam (05) Taluk Tiruppur District.
3.The Village Administrative Officer Kangeyam Taluk Tiruppur District Pin - 638 701.
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R. SURESH KUMAR, J.
KST W.P.No. 1216 of 2023 20.01.2023 6 / 6