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Madras High CourtWP/21573/2024disposed of

D.Selvamani v. The District Revenue Officer

2024-08-01Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIG H COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.21573 of 2024 D.Selvamani .. Petitioner

Versus

1. The District Revenue Officer, Perambalur.

2. The Tahsildar, Kunnam Taluk, Perambalur District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to issue patta in respect of the property comprised in Survey No.159/06 measuring Acre 0.19 cent situated in Perrali North Village, Kunnam Taluk, Perambalur District belonging to the petitioner herein pursuant to the proceedings of the first respondent dated 27.03.2019 made in Na.Ka.Aa3/10281/2017 directing he second respondent herein to issue joint patta in the name of [1] Meenambal, [2] Selvamani, [3] Muthulakshmi, [4] Selvarani, [5] Muthamizhselvi and [6] Malika in respect of land in survey No.159/7 measuring 19 cents.

For Petitioner : Mr.C.Sivanesan For Respondents : Mr.A.Selvendran Special Government Pleader 1/5

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed to direct the second respondent to issue patta in respect of the property comprised in Survey No.159/06 measuring Acre 0.19 cent situated in Perrali North Village, Kunnam Taluk, Perambalur District belonging to the petitioner herein pursuant to the proceedings of the first respondent dated 27.03.2019 made in Na.Ka.Aa3/10281/2017 directing he second respondent herein to issue joint patta in the name of [1] Meenambal, [2] Selvamani, [3] Muthulakshmi, [4] Selvarani, [5] Muthamizhselvi and [6] Malika in respect of land in survey No.159/7 measuring 19 cents.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that the petitioner is in possession and 2/5

enjoyment of lands in survey Nos.159/5 measuring 13 cents and 159/6 measuring 19 cents in Peralli North Village, Kunnam Taluk. The petitioner made a representation to the first respondent for issuance of patta and the first respondent has issued patta only for the land in S.No.159/5. Therefore, the petitioner filed a Writ Petition in W.P.No.32176 of 2018 and this Court by an Order dated 06.12.2018 issued a direction to consider the request of the petitioner. Pursuant to the Order of this Court, the first respondent conducted enquiry and issued a direction to the second respondent to issue joint patta to six persons including the petitioner. However, patta has not been issued to the petitioner on the ground that the suit in O.S.No.102 of 2019 is pending against the petitioner. As the first respondent by the proceedings dated 27.03.2019 has already directed the second respondent to issue joint patta to the petitioner and five others, the present Writ Petition has been filed.

5. Considering the limited relief sought for in this writ petition, the second respondent is directed to consider the request of the petitioner as per the proceedings of the first respondent dated 27.03.2019 in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 3/5

01.08.2024 vrc Index :Yes/No Internet :Yes/No To,

1. The District Revenue Officer, Perambalur.

2. The Tahsildar, Kunnam Taluk, Perambalur District.

4/5

N. SATHISH KUMAR, J.

vrc W.P.No.21573 of 2024 01.08.2024 5/5