Jagatha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Jagatha W/o.(Late) Shanmugam ... Petitioner -Vs1.The District Collector, Dharmapuri District.

2.The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

3.The Tashildar, Karimangalam Taluk, Dharmapuri District.

... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to dispose of petitioner's representation dated 01.02.2021 for including my husband name (Late) Sanmugam or legal heirs of the Sanmugam in the patta No.649 of third respondent office. For Petitioner : Mr.M.Ravi For Respondents : Ms.Akila Rajendran Government Advocate 1/4

ORDER

The prayer sought for herein is for a writ of mandamus directing the second respondent to dispose of petitioner's representation dated 01.02.2021 for including her husband name (Late) Sanmugam or legal heirs of the Sanmugam in the patta No.649 of third respondent office.

2. In respect of property at S.No.133/3A at Irumathur Village, the petitioner wanted to get separate patta pursuant to the partition that said to have been taken place among the joint owners of the property. In this context, even though the petitioner said to have made a representation on 01.02.2021 it is not so clear as to the right and claim of the petitioner, therefore, he wanted to make a fresh detailed representation with supportive documents and after he makes such a detailed representation with supportive documents, learned counsel seeks a mandamus to the respondents especially the third respondent Tahsildar to consider the same and pass orders thereon on merits and in accordance with law.

3. Heard Ms.Akila Rajendran, learned Government Advocate appearing for the respondents.

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4. In view of the said stand taken by the learned counsel for the petitioner even though the prayer sought for in this writ petition is now to consider the representation of the petitioner dated 01.02.2021 and to pass orders, this Court is inclined to pass the following orders: It is open to the petitioner to make a detailed representation espoused her cause as to hows he gets the property in the common property of larger extent by way of partition and what is the extent of property now has been allotted to the petitioner has to be explained in such application with all supportive documents, which has to be submitted to the third respondent, on receipt of the same the third respondent Tahsildar shall consider and pass orders thereon on merits and in accordance with law at the earliest. With these directions, this writ petition is disposed of. No costs. 27.02.2023 Index : Yes/No Speaking order: Yes/No mp 3/4

R. SURESH KUMAR, J.

mp To 1.The District Collector, Dharmapuri District.

2.The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

3.The Tashildar, Karimangalam Taluk, Dharmapuri District.

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