S. Balaraj v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.8816 of 2022 S.Balaraj

...Petitioner

Vs.

1. The Thasildar, Taluk Office, Krishnagiri.

2. The Revenue Divisional Officer, Krishnagiri.

3. Munusamy

4. Gopalakrishnan

...Respondents

Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 & 2 to effect patta name transfer in favour of legal heirs of Subbappa for the land in Old S.No.124/1, New S.No.124/1A and 124/1B, Manavaranapalli Village based on the petition dated 09.10.2021.

For petitioner : Mr.S.C.Vishwanth For Respondents : Mr.A.Anandan Government Advocate

ORDER

The petitioner has filed this petition seeking direction to the respondents 1 & 2 to effect patta name transfer in favour of legal heirs of Subbappa for the land in Old S.No.124/1, New S.No.124/1A and 124/1B, Manavaranapalli Village based on the petition dated 09.10.2021.

2.Mr.A.Anandan, learned Government Advocate takes notice for the respondents 1 & 2. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3.Since no adverse order is being passed against the third and fourth respondents, notice to the third and fourth

respondents is dispensed with.

4.The case of the petitioner is that the petitioner's father is the owner of the property comprised in Old.S.No.124/1 and New S.No.124/1A and 124/1B, measuring an extent of 2.14 Acres, situated at Manavaranapalli Village. The petitioner's father had died on 27.05.1994, leaving behind the petitioner and others as legal heirs to succeed his property. Thereafter, the legal heir certificate was issued on 08.11.2012. After the demise of the petitioner's father, when the petitioner verified the Patta, it is found that the Patta stands in the name of third and fourth respondents, who are no way connected with the above said property. Hence, the petitioner made a representation on 09.10.2021 before the first and second respondents to issue a Joint Patta in favour of the legal heirs of the petitioner's father. However, till date no action has been taken by the first and second respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

5.Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the first and second respondents to consider the petitioner's representation dated 09.10.2021 within the time frame that may be fixed by this Court.

6.The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 09.10.2021 will be considered by the first and second respondents within the time frame that may be fixed by this Court.

7.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the first and second respondents to consider the petitioner's representation dated 09.10.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the aggrieved persons including third and fourth respondents. 8.Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar tri/mn

To

1. The Thasildar, Taluk Office, Krishnagiri.

2. The Revenue Divisional Officer, Krishnagiri.

+1cc to Mr.S.C.Vishwanth, Advocate, S.R.No.24326 +1cc to the Government Pleader, S.R.No.25097 W.P.No.8816 of 2022 GP(CO) RGA(26/04/2022)