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Madras High CourtWP/20433/2016disposed of

T.Malarvizhi, v. The Revenue Divisional Officer

2016-06-16Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.20433 of 2016 1.T.Malarvizhi 2.T.Arivukarasan 3.T.Aravindan ... Petitioners Vs.

1.The Revenue Divisional Officer, Mettur, Salem District.

2.The Tahsildar Mettur, Salem District.

3.Sivasamy 4.Sivagnanasundraram 5.Paramasivam 6.Sathasivam 7.P.Thangammal ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to issue the separate patta in the name of the petitioners property situated at Survey No.534, 0.21 Hectare, Konur East Village, Mettur Taluk, Salem District in view of the petitioners representation dated 16.04.2016.

For Petitioners : Mr.A.Esakkiappan For Respondents : Mr.V.S.Ramesh for R1 and R2 Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The first petitioner would state that her mother-in-law namely, Mathammal had purchased landed property situate at S.No.534 admeasuring an extent of 0.21 Hectare, Konur East Village, Mettur Taluk, Salem District by means of sale deed bearing document no.2044 of 1969 dated 30.10.1969 registered on https://hcservices.ecourts.gov.in/hcservices/

the file of the Sub Registrar Office, mecheri, Salem District and she died on 02.04.1993 and her husband namely, Thamaraiselvan had succeeded her Estate being the sole legal heir and he also died on 12.03.1996.

3.The petitioners would state that they are the legal heirs of late Thamaraiselvan and civil litigation filed by the rival claimants had also came to be dismissed and they approached the second respondent in the form of representation dated 16.04.2016 for issuance of separate patta and since no orders have been passed, came forward to file this writ petition. 4.Heard the submissions of Mr.A.Esakkiappan, learned counsel appearing for the petitioners and Mr.V.S.Raman, learned Government Advocate who accepts notice on behalf of the respondents 1 and 2.

5.Though the petitioner prayed for the larger relief, this Court in the light of the facts and circumstances and without going into the merits of the same, directs the second respondent to consider the petitioners representation dated 16.04.2016, in accordance with law, after putting on notice, the respondents 3 to 7 and pass appropriate orders, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the respondents 3 to 7.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pri To

1. The Revenue Divisional Officer, Mettur, Salem District.

2. The Tahsildar Mettur, Salem District.

+1cc to Mr.A.Esakkiappan, Advocate, S.R.No.32960 +1cc to the Government Pleader, S.R.No.33278 W.P.No.20433 of 2016 CTK(CO) CA(28/06/2016) https://hcservices.ecourts.gov.in/hcservices/